High Court dismissed writ petition regarding non-promotion, directing petitioners to pursue statutory appeal under Rajasthan Civil Services Act and excluding interim delay from limitation period.
Writ petition disposed of; petitioners directed to file appeal before Appellate Tribunal with interim period excluded for limitation.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR
S.B. Civil Writ Petition No.5399/2006
Petitioners Versus
Respondents
Date of Order-::-19th October, 2016
HON'BLE MR. JUSTICE ALOK SHARMA
Dr. Vikram Singh Nain, for petitioners. Dr. A.S. Khangarot, for respondents.
The petitioners are aggrieved of the non-inclusion in the approved list dated 20.12.2005 for promotion from the post of Constable to Head Constable.
Admittedly the issue of the promotion falls within the words “service matters” as defined under the Rajasthan Civil Services (Service Matters Appellate Tribunals) Act, 1976 (hereinafter 'the Act of 1976') and disputes in regard thereto are appealable under Section 4 of the said Act. In the circumstances, I am disinclined to entertain this writ petition and would instead require the petitioners to avail the alternative statutory remedy by way of an appeal before the Appellate Tribunal.
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The writ petition is accordingly disposed of.
However, in the event, the petitioners file an appeal before the Appellate Tribunal against the aforesaid approved list dated 20.12.2005, for the purposes of computation of limitations, the period expanded by the petitioners between filing of the writ petition before this Court on 21.03.2006 and three days following this order will be excluded. The appeal/s be disposed of expeditiously by the Appellate Tribunal with reference to the fact that the aggrievement of the petitioners relates to an order of 2005 in respect of which they first ill advisedly filed this petition.
(ALOK SHARMA), J.
R.Vaishnav 133.
3 issues framed by the court
Whether the writ petition regarding non-inclusion in promotion list should be entertained when statutory appeal remedy is available.
Whether the period between filing of writ petition and this order should be excluded for computation of limitation for appeal.
Whether the Appellate Tribunal should dispose of the appeal expeditiously given the delay in first resort.
1 provisions across 1 enactments
Ram Ratan
Ram Niwas
State of Rajasthan
Director General of Police, Jaipur
Superintendent of Police, Jaipur (Rural)
Allok Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
