The Rajasthan High Court held that a writ petition seeking selection scale benefits was not maintainable as it fell within the scope of service matters under the state Tribunal Act, where an alternative efficacious remedy existed. The petition was dismissed.
The writ petition was dismissed as not maintainable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writs No. 2723/2019
----Petitioners
Versus
----Respondents
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
06/02/2019
Petitioners claim relief on the basis of judgment passed by this court in S.B. Civil Writ Petition No.2156/2007 ( Smt. Manju Rani Nadheria & Ors. v/s State & Ors.) on 5.3.2010, praying
(2 of 2)
[CW-2723/2019]
that they should be granted the selection scale - ACP benefit from the date their junior so has been granted.
Admittedly, the prayer made by them comes within the ambit of service matter as defined under section 2(i) of the Rajasthan Civil Services (Service matters) Appellate Tribunal Act, 1976 for which appeal would lie before Rajasthan Civil Services Appellate Tribunal. In view thereof, it being an alternative efficacious remedy, writ would not lie.
Accordingly, the writ is held to be not maintainable and thus, it is dismissed. However, if the petitioners prefer an appeal before the Tribunal, the appeal shall be considered on merits and decided expeditiously but not later than the period of six months.
With the above observations, the writ petition stands
dismissed.
(SANJEEV PRAKASH SHARMA),J
Chauhan/63
1 issue framed by the court
Whether a writ petition regarding selection scale benefits is maintainable when an alternative efficacious remedy exists under the Rajasthan Civil Services (Service matters) Appellate Tribunal Act, 19
Colour shows how this judgement treated each authority
Smt. Manju Rani Nadheria & Ors. v/s State & Ors.Referred¶16
S.B. Civil Writ Petition No.2156/2007 (Smt. Manju Rani Nadheria & Ors. v/s State & Ors.)
1 provisions across 1 enactments
Smt. Kamlesh Mandar
Smt. Vimla Verma
The State Of Rajasthan
The Director, Women & Child Development Department
The Deputy Director (Administration)
The Deputy Director, Women & Child Development Department, Jhunjhunu
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
