Petitioner sought third ACP Grade Pay via writ petition. Court held the dispute is subject to Civil Services Tribunal jurisdiction under the 1976 Act due to alternative remedy, rendering the writ petition not maintainable.
Writ petition dismissed with liberty to approach the Civil Services Tribunal.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writs No. 639/2019
Suna Ram S/o Shri Bana Ram, Aged About 61 Years, R/o Plot No. 113, Dweep Nagar, Benad Road, Jhotwara, Jaipur (Rajasthan).
----Petitioner
Versus
----Respondents
For Petitioner(s) : Shri C.P. Sharma
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
11/01/2019
Learned counsel for the petitioner prays for grant of third A.C.P. Grade Pay of Rs.4200/-. Admittedly, the matter is a service dispute which can be taken up before the Rajasthan Civil Services Tribunal formed under the Act of 1976. Keeping in view the alternative remedy available under the Act of 1976, this court is of the view that the present writ petition is not maintainable for claiming of the said grant of third ACP and the petitioner may approach the Tribunal for the same.
(2 of 2)
[CW-639/2019]
Accordingly, this writ petition is dismissed with liberty
to approach the Tribunal.
(SANJEEV PRAKASH SHARMA),J
Chauhan/77
1 issue framed by the court
Whether a writ petition seeking grant of third A.C.P. Grade Pay is maintainable given the existence of an alternative remedy under the Civil Services Tribunal Act.
Suna Ram
State Of Rajasthan
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
