Petitioner sought salary step-up. Court held writ petition not maintainable due to available alternate efficacious remedy in the Tribunal and dismissed it.
Writ petition dismissed for being not maintainable as alternate efficacious remedy exists in the Tribunal.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writs No. 1338/2019
Vijay Goyal S/o Shri R.s. Goyal, Aged About 59 Years, R/o 217A, Jay Nagar, Road No. 2, Murlipura, Sikar Road, Jaipur, Presently Working As Associate Professor (Botany) At R.l. Sahariya Govt. College, Kaladera, Jaipur.
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr.Lokendra Singh |
|---|---|
| For Respondent(s) | : |
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Judgment / Order
21/01/2019
Counsel for the petitioner submits that salary of the petitioner should be stepped-up and placed at par with one Surya Pratap Singh Rathore. The claim for stepping up his service matter hinges on factual adjudication and thus appeal would lie to the Tribunal who would be in the capacity to examine it in appellate jurisdiction. Accordingly, in view of this court, the present writ petition is not maintainable as alternate efficacious remedy is available with the petitioner. If the petitioner approaches the Tribunal, it is expected from the Tribunal to decide the appeal expeditiously but not later than ten months.
(2 of 2)
[CW-1338/2019]
With the aforesaid observations, writ petition is dismissed as
not maintainable.
(SANJEEV PRAKASH SHARMA),J
Sandeep/-88
1 issue framed by the court
Whether a writ petition regarding salary stepping-up is maintainable when an alternate efficacious remedy exists in the Tribunal.
Vijay Goyal
State Of Rajasthan
Commissioner, College Education
Principal, R.l. Sahariya, Government College
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
