The petitioners challenged a posting order in a promotion matter. The Court held the issue was factual and the order was appealable under the Rajasthan Civil Services Appellate Tribunal Act, 1976. No writ interference was called for.
The writ petition is dismissed. The petitioner is directed to approach the Civil Services Appellate Tribunal by way of appeal.
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IN THE HIGH COURT OF JUDICATURE FOR
RAJASTHAN AT JODHPUR
S.B.CIVIL WRIT NO. 14818 / 2016
Sukhendra Singh S/o Shri Surcharan Singh,, Aged About 45 Years, Address: R/o Ward No. 3, Ghadsana, Districtsriganganagar, Rajasthan
----Petitioners
Versus
----Respondents
For Petitioners : Mr. Kailash Jangid.
For Respondents :
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
15/12/2016
This writ petition has been filed by the petitioner aggrieved against the order dated 2.12.2016 (Annex.8), whereby while promoting the petitioner against the vacancies of the year 2016-2017, the petitioner has been accorded posting.
Various grounds have been raised by the petitioner questioning the validity of the order impugned.
(2 of 2 )
[CW-14818/2016]
None of the grounds raised by the petitioner pertain to the jurisdiction of the respondents in passing the order Annex.-8. All the grounds raised are factual. The order Annex.-8 is open to appeal under the provisions of the Rajasthan Civil Services Appellate Tribunal Act, 1976 (‘the Act’).
In view thereof, no interference is called for in the writ jurisdiction. The petitioner, if aggrieved against the order impugned, may approach the Tribunal by way of appeal.
The petitioner is free to make a representation to the respondents, if so advised.
The writ petition is dismissed, accordingly.
(ARUN BHANSALI)J.
Rm/189
2 issues framed by the court
Whether the High Court should exercise writ jurisdiction over a promotion and posting order open to appeal under the Rajasthan Civil Services Appellate Tribunal Act.
Whether the petitioner's grievances raised are jurisdictional or purely factual in nature.
1 provisions across 1 enactments
Sukhendra Singh
State of Rajasthan
Arun Bhansali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
