Dismissed

Shankar Lal Sharma S/O Shri Nityanand Sharma v. State of Rajasthan

Rajasthan HC18 Sept 2020CW/3925/2020

Case brief

AI extract

What is this about?

The High Court dismissed a batch of connected writ petitions seeking higher selection scales. Holding that such matters are service disputes falling under the Rajasthan Civil Services Appellate Tribunal Act, 1976, the Court ruled that an alternative efficacious remedy existed, dispensing with the need for fresh litigation.

What did the court decide?

Disposal of the batch of writ petitions by dismissal, with liberty to file an appeal before the Tribunal within six months.

Shankar Lal Sharma S/O Shri Nityanand… — 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. 3984/2020

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Smt. Sushila Devi W/o Late Shri Ramwatar Sharma, Aged About 62 Years, R/o C/o Kailash Chand Mishra, Bhanjo Ka Mohalla, Post Kanwat, District Sikar (Raj.) (Since Deceased Shri Ramwatar Sharma S/o Shri Jagdish Prasad Sharma Has Lastly Posted In The Office Of Assistant Engineer, Public Health Engineering Department, Sub Division Khandela, District Sikar, Rajasthan)

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----Petitioner

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Versus

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State Of Rajasthan, Through Its Principal Secretary, Public Health Engineering Department, Rajasthan, Secretariat, Jaipur.

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The Chief Engineer (Administration), Public Health Engineering Department, P.h.e.d. Head Office Campus, Rajasthan, Jaipur.

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The Assistant Engineer, Public Health Engineering Department, Sub Division Khandela, District Sikar, Rajasthan.

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----Respondents

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Connected With

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S.B. Civil Writ Petition No. 18094/2019

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Surajmal Mathuria S/o Shri Mishri Lal Mathuria, Aged About 74 Years, R/o Near Shreeji Temple, Khandar, District Sawai Madhopur, Rajasthan.

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----Petitioner

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Versus

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State Of Rajasthan, Through Its Principal Secretary, Public Health Engineering Department Rajasthan, Secretariat, Jaipur.

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The Chief Engineer (Administration), Public Health Engineering Department, P.h.e.d. Head Office Campus, Jaipur, Rajasthan.

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The Assistant Engineer, Public Health Engineering Department, District Sub Division Sawai Madhopur, District Sawai Madhopur, Rajasthan.

----Respondents

(2 of 7)

[CW-3984/2020]

S.B. Civil Writ Petition No. 19088/2019

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Smt. Urmila Sharma W/o Late Shri Satya Narayan Sharma, Aged About 60 Years, R/o Plot No. 64, Suraj Nagar-Ii, Near 80 Ft. Road, Sanganer, District Jaipur. (Since Deceased Shri Shri Satya Narayan Sharma Has Lastly Posted In The Office Of Assistant Engineer, Public Health Engineering Department, Sub Division Malpura, District Tonk, Rajasthan.)

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----Petitioner

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Versus

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State Of Rajasthan, Through Its Principal Secretary, Public Health Engineering Department Rajasthan, Secretariat, Jaipur.

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The Chief Engineer (Administration), Public Health Engineering Department, P.h.e.d. Head Office Campus, Jaipur, Rajasthan.

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The Assistant Engineer, Public Health Engineering Department, Sub Division Malpura, District Tonk, Rajasthan.

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----Respondents

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S.B. Civil Writ Petition No. 20358/2019

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Mohd. Anwar S/o Shri Mubarak Ali, Aged About 70 Years, R/o Kasawan, Mohalla Sorgran, Tonk, District Tonk, Rajasthan.

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----Petitioner

¶32

Versus

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State Of Rajasthan, Through Its Principal Secretary, Public Health Engineering Department, Rajasthan, Secretariat, Jaipur.

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The Chief Engineer, (Administration) Public Health Engineering Department, P.h.e.d. Head Office Campus, Rajasthan, Jaipur.

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Assistant Engineer, Public Health Engineering Department, City Sub-Division Tonk, District Tonk, Rajasthan

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----Respondents

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S.B. Civil Writ Petition No. 3925/2020

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Shankar Lal Sharma S/o Shri Nityanand Sharma, Aged About 73 Years, R/o Village And Post Kanwat, Tehsil Khandela, District Sikar (Raj.)

(3 of 7)

[CW-3984/2020]

----Petitioner

Versus

State Of Rajasthan, Through Its Principal Secretary, Public Health Engineering Department, Rajasthan, Secretariat, Jaipur.

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The Chief Engineer (Administration), Public Health Engineering Department, P.h.e.d. Head Office Campus, Rajasthan, Jaipur.

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The Assistant Engineer, Public Health Engineering Department, Sub Division Khandela, District Sikar, Rajasthan.

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----Respondents

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S.B. Civil Writ Petition No. 3931/2020

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Mahendra Kumar Sharma S/o Shri Makkhan Lal Sharma, Aged About 69 Years, R/o Joshi Ka Mohalla, Post Kanwat, District Sikar (Raj.)

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----Petitioner

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Versus

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State Of Rajasthan, Through Its Principal Secretary, Public Health Engineering Department, Rajasthan, Secretariat, Jaipur.

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The Chief Engineer (Administration), Public Health Engineering Department, P.h.e.d. Head Office Campus, Rajasthan, Jaipur.

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The Assistant Engineer, Public Health Engineering Department, Sub Division Khandela, District Sikar, Rajasthan.

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----Respondents

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S.B. Civil Writ Petition No. 4401/2020

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Shriram Yadav S/o Shri Murlidhar Yadav, Aged About 66 Years, R/o Village Kaliyawas, Railway Station Kanwat, Tehsil Khandela, District Sikar (Raj.)

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----Petitioner

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Versus

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State Of Rajasthan, Through Its Principal Secretary, Public Health Engineering Department, Rajasthan, Secretariat, Jaipur.

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The Chief Engineer (Administration), Public Health

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(4 of 7)

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[CW-3984/2020]

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Engineering Department, P.h.e.d. Head Office Campus, Rajasthan, Jaipur.

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The Assistant Engineer, Public Health Engineering Department, Sub Division Khandela, District Sikar, Rajasthan.

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----Respondents

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S.B. Civil Writ Petition No. 8391/2020

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Ghanshyam Raiger S/o Shri Daulat Ram, Aged About 71 Years, R/o Plot No. 1/155, Saket Nagar, Beawar, District Ajmer (Rajasthan)

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----Petitioner

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Versus

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State Of Rajasthan, Through Its Principal Secretary, Public Health Engineering Department, Rajasthan, Secretariat, Jaipur.

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The Chief Engineer (Administration), Public Health Engineering Department, P.h.e.d. Head Office Campus, Jaipur, Rajasthan.

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The Assistant Engineer, Public Health Engineering Department, Revenue And Distribution Sub-Division Beawar, District Ajmer, Rajasthan.

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----Respondents

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S.B. Civil Writ Petition No. 18095/2019

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Abdul Majid S/o Shri Ahmed Sayed, Aged About 67 Years, R/o Near Chobdar Ki Gali, Talkatora, Tonk, Rajasthan

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----Petitioner

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Versus

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State Of Rajasthan, Through Its Principal Secretary, Public Health Engineering Department Rajasthan, Secretariat, Jaipur.

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The Chief Engineer (Administration), Public Health Engineering Department, P.h.e.d. Head Office Campus, Jaipur, Rajasthan.

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The Assistant Engineer, Public Health Engineering Department, District Sub Division Sawai Madhopur, District Sawai Madhopur, Rajasthan.

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----Respondents

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S.B. Civil Writ Petition No. 4417/2020

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(5 of 7)

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[CW-3984/2020]

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Smt Santosh Devi W/o Late Shri Ramdayal, Aged About 55 Years, R/o Plot No. 34, Shiv Shankar Colony, Near Sofia School, Ghatgate, Jaipur. (Since Deceased Shri Ramdayal Sharma S/o Dhannaram Has Lastly Posted In The Office Of Assistant Engineer, Public Health Engineering Department, City SubDivision-Xii (South), Pratap Nagar, Sanganer, Jaipur, Rajasthan).

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----Petitioner

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Versus

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State Of Rajasthan, Through Its Principal Secretary, Public Health Engineering Department, Rajasthan, Secretariat, Jaipur.

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The Chief Engineer (Administration), Public Health Engineering Department, P.h.e.d. Head Office Campus, Jaipur, Rajasthan.

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The Assistant Engineer, Public Health Engineering Department, City Sub- Division-Xii (South), Pratap Nagar, Sanganer, Jaipur, Rajasthan.

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----Respondents

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S.B. Civil Writ Petition No. 4727/2020

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Smt. Indra Devi W/o Late Shri Jyoti Prakash, Aged About 68 Years, R/o Jai Hanuman Colony, Brijlal Nagar, Tehsil Malpura, District Tonk (Raj.) (Since Deceased Shri Jyoti Prakash S/o Shri Moti Lal Has Lastly Posted In The Office Of Assistant Engineer, Public Health Engineering Department, Sub Division Malpura, District Tonk, Rajasthan)

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----Petitioner

¶95

Versus

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State Of Rajasthan, Through Its Principal Secretary, Public Health Engineering Department, Rajasthan, Secretariat, Jaipur.

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The Chief Engineer (Administration), Public Health Engineering Department, P.h.e.d. Head Office Campus, Rajasthan, Jaipur.

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The Assistant Engineer, Public Health Engineering Department, Sub Division Malpura, District Tonk, Rajasthan.

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----Respondents

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For Petitioner(s) : Mr. C.P. Sharma

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(6 of 7)

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[CW-3984/2020]

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For Respondent(s) : Mr. Yashodhar Pandey for Mr. Anil Mehta, AAG Mr. Imran Khan, Addl.G.C.

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HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

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Order

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18/09/2020

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The petitioners, by way of this batch of writ petitions, pray for higher selection scales and rely on the judgment passed in S.B. Civil Writ Petition No.14456/2016: Mittu Lal Teli Versus State of Rajasthan & Ors. and other connected matters decided on 16.2.2017 and further, the judgment passed in S.B. Civil Writ Petition No.5171/2018: Anand Bihari Pareek Versus State of Rajasthan & Ors., decided on 14.3.2018.

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As the law has already been settled by this Court, fresh round of litigation before this Court is not warranted more so as individual grievances of the petitioners can always be redressed by the Rajasthan Civil Services Appellate Tribunal, which is the court of first instance for deciding the service matter and shall follow the judgments rendered by this Court.

¶109

Grant of selection scale comes within the ambit of service matter as defined under Section 2(f) of the Rajasthan Civil Services Appellate Tribunal Act, 1976 (hereinafter referred to as “the Act of 1976”) and therefore, the Rajasthan Civil Services Appellate Tribunal would be the first court for deciding such matters.

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Granting liberty to the petitioners to file an appeal before the Tribunal, this batch of writ petitions are required dismissed on the ground of availability of alternative efficacious remedy under the provisions of the Act of 1976. If such an appeal is preferred, the

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(7 of 7)

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[CW-3984/2020]

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Tribunal is expected to decide the same expeditiously within a period of six months.

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Writ petitions are dismissed accordingly.

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All the pending applications also stand dismissed.

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A copy of this order be placed in each of the file.