Petitioners sought scale-A benefit under Article 14 jurisdiction. Court held service matters fall under the Rajasthan Civil Services (Service matters) Appellate Tribunal Act, 1976, rendering the writ not maintainable.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writs No. 2727/2019
Both are Presently Working On The Post Of Lady Supervisor Under C.D.P.O. Mawali, District Udaipur.
----Petitioners
Versus
----Respondents
For Petitioner(s) : Shri Tarun Choudhary on behalf of Shri Hanuman Choudhary
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-2727/2019]
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/64
1 issue framed by the court
Whether a writ petition seeking relief on service matters maintains a writ jurisdiction when an alternative efficacious remedy via the Civil Services Tribunal exists.
1 provisions across 1 enactments
Kanti Yadav
Lata Salvi
The State of Rajasthan
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
