Dismissed

Manvendra Singh v. State

Rajasthan HC20 Nov 2018SAW/360/2008

Case brief

AI extract

What is this about?

This Special Appeal by three engineers against a Single Judge's dismissal of their writ petition regarding seniority list引发的 challenge was dismissed. The court noted the appeal's delays and the existence of an alternative remedy, directing appellants to agitate grievances per law. The impugned judgment dismissing the writ was upheld.

What did the court decide?

Appeal dismissed; grievance to be agitated before respondents in accordance with law if any exists after ten years' delay.

Manvendra Singh Vs State — Pension and Retirement Benefits | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D. B. Civil Special Appeal No. 360/2008

¶3

¶4

S.B. Civil Writ Petition No. 8293/2006

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Manvendra Singh son of Mukha Ram Choudhary, by caste Jat, aged about 43 years, at present posted and serving as Sector Engineer, Flyover Zone, Jaipur Development, Jaipur.

¶6

Manoj Kumar Manghu Son of Sohal Lal Manghu, aged about 40 years, at present posted and service as Technical Assistant, 20^th Division, I.G.N.P., Bikaner.

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Rajendra singh Akhavi Son of Madho Singh, aged about 41 years, at present posted and service as Assistant Engineer, Division, I.G.N.P., Bajju, Bikaner.

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----Appellant-petitioner

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Versus

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State of Rajasthan through Secretary, Department of Water Resources, Jaipur.

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Chief Engineer, Department of Water Resources, Near Ambedkar Circle, Jaipur.

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Davendra Kumar Sharma, Assistant Engineer posted at S.W.R.P.D., Sichai Bhawan, Infront of Malviya Engineering College, J.L.N. Marg, Jaipur.

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Ashok Kumar Gupta, Assistant Engineer posted at Command Area Development (CAD), Chambal Project, Digod, District Kota (Raj.).

¶14

Ganpat Lal Sishodiya, Assistant Engineer, posted at Water Resources Sub Division, Devgarh, District Rajsamand.

¶15

Surendra Singh (Retired Assistant Engineer), Command Area Development (CAD), I.G.N.P., Chhatargarh, District Bikaner.

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----Respondents

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For Appellant(s) : Mr. Rajendra Soni with Mr. Nitesh Kumar Garg.

¶18

HON'BLE MR. JUSTICE MOHAMMAD RAFIQ HON'BLE MR. JUSTICE GOVERDHAN BARDHAR

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Judgment

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20/11/2018

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The appellants filed writ petition in the year 2006 challenging seniority list published by the respondents on 24.04.1999. Learned Single Judge of this Court vide order dated

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[SAW-360/2008]

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(2 of 2)

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09.03.2007 dismissed the writ petition on the ground of availability of alternative remedy by filing an appeal before the Rajasthan Civil Service Appellate Tribunal. As regards delay it was observed that the petitioners-appellants would be entitled to apply for condonation of delay by filing appropriate application. When the present appeal was taken up for admission on 03.03.2008, it was deferred to await the decision of Writ Petition No. 6715/2007. Validity of proviso (ii) to Rule 28 of the Rajasthan Service of Engineers and Research of Officers (Irrigation Branch) Rules, 1954 and pari materia proviso (2) to Rule 29 of the Rajasthan Public Relations Service Rules, 1966 was challenged in the said writ petition. Prayer was made for making appointment in a particular year through promotion and direct recruitment in a cyclic order and the consequential seniority be determined of a promotee and direct recruitee in the same cyclic order. Aforesaid writ petition was filed by Vivek Goyal which was dismissed along with Writ Petition No. 4964/2008 filed by Alka Saxena and Others vide judgment of Co-ordinate Bench of this Court dated 22.08.2017.

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In view of above, we see no justification to interfere with the order passed by the learned Single Judge. Since the appeal has remained pending before this Court for more than 10 years, if any, grievance of the appellants remains they may agitate the same before the respondents in accordance with law.

¶26

The appeal is dismissed however with the aforesaid observations.

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(GOVERDHAN BARDHAR),J

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(MOHAMMAD RAFIQ),J

¶29

Manoj/39

Manvendra Singh v. State

Case brief

What is this about?

What did the court decide?

Manvendra Singh v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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