Dismissed

Jyoti Rani Verma D/O Late Shri Mohan Lal Verma v. State of Rajasthan

Rajasthan HC21 Oct 2020CW/11069/2020

Case brief

AI extract

What is this about?

The Rajasthan High Court at Jaipur dismissed a writ petition challenging a seniority list in the Urban Development Department. The court held that the issue falls within service matters definable under the Rajasthan Civil Services Appellate Tribunal Act, 1976, rendering the writ petition maintainable only if the alternative remedy is pursued. Consequently, the court found no ground to invoke juris

What did the court decide?

Dismissed on ground of efficacious alternative remedy with liberty to file appeal before Tribunal within one year.

Jyoti Rani Verma D/O Late Shri Mohan Lal… — Pension and Retirement Benefits | Rajasthan HC (2020)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 11069/2020

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Jyoti Rani Verma D/o Late Shri Mohan Lal Verma, Aged About 51 Years, Resident Of 771, Dadabadi Vistar, Behind P And T Colony, Kota (Raj.)

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Nand Kishore Bhargava S/o Late Shri Narayan Lal Bhargava, Resident Of A-49, Chitragupta Colony, Near R.a.c. Ground, Kota (Raj.)

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----Petitioners

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Versus

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State Of Rajasthan, Through Its Secretary Urban Development And Housing Department, Govt. Of Rajasthan, Secretariat, Jaipur.

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Joint Secretary No. 1, Urban Development Department, Government Of Rajasthan, Secretariat, Jaipur (Raj.)

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----Respondents

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For Petitioner(s) : Mr. Rajveer Sharma For Respondent(s) :

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Order

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21/10/2020

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The remedy to challenge the seniority list issued by the Urban Development and Housing Department is available by filing an appeal before the Rajasthan Civil Services Appellate Tribunal as the issue falls within the definition of “service matters” in terms of Section 2(f) of the Rajasthan Civil Services Appellate Tribunal Act, 1976.

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In view of efficacious alternative remedy being available, this court does not find it to a good ground to interfere and invoke its jurisdiction under Article 226 of the Constitution of India. The

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matter involves factual aspects and has already held that the first Court for examining factual aspect relating to service matter has to be Rajasthan Civil Services Appellate Tribunal, which has been formed under the Act of the 1976.

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Granting liberty to the petitioner to file an appeal before the Tribunal and observing that if such an appeal is preferred the same may be decided expeditiously preferably within period of one year from the date of filing of the appeal.

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This writ petition is dismissed on the ground of efficacious alternative remedy.

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(SANJEEV PRAKASH SHARMA),J

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NITIN /27

Jyoti Rani Verma D/O Late Shri Mohan Lal Verma v. State of Rajasthan

Case brief

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Jyoti Rani Verma D/O Late Shri Mohan Lal Verma v. State of Rajasthan

Case brief

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