This order dismisses a batch of writ petitions seeking higher selection scales, holding such matters fall under the Rajasthan Civil Services Appellate Tribunal Act, 1976, and thus require alternative remedy.
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 Writ Petition No. 3984/2020
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)
----Petitioner
Versus
----Respondents
Connected With
S.B. Civil Writ Petition No. 18094/2019
Surajmal Mathuria S/o Shri Mishri Lal Mathuria, Aged About 74 Years, R/o Near Shreeji Temple, Khandar, District Sawai Madhopur, Rajasthan.
----Petitioner
Versus
----Respondents
(2 of 7)
[CW-3984/2020]
S.B. Civil Writ Petition No. 19088/2019
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.)
----Petitioner
Versus
----Respondents
S.B. Civil Writ Petition No. 20358/2019
Mohd. Anwar S/o Shri Mubarak Ali, Aged About 70 Years, R/o Kasawan, Mohalla Sorgran, Tonk, District Tonk, Rajasthan.
----Petitioner
Versus
----Respondents
S.B. Civil Writ Petition No. 3925/2020
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
----Respondents
S.B. Civil Writ Petition No. 3931/2020
Mahendra Kumar Sharma S/o Shri Makkhan Lal Sharma, Aged About 69 Years, R/o Joshi Ka Mohalla, Post Kanwat, District Sikar (Raj.)
----Petitioner
Versus
----Respondents
S.B. Civil Writ Petition No. 4401/2020
Shriram Yadav S/o Shri Murlidhar Yadav, Aged About 66 Years, R/o Village Kaliyawas, Railway Station Kanwat, Tehsil Khandela, District Sikar (Raj.)
----Petitioner
Versus
(4 of 7)
[CW-3984/2020]
Engineering Department, P.h.e.d. Head Office Campus, Rajasthan, Jaipur.
----Respondents
S.B. Civil Writ Petition No. 8391/2020
Ghanshyam Raiger S/o Shri Daulat Ram, Aged About 71 Years, R/o Plot No. 1/155, Saket Nagar, Beawar, District Ajmer (Rajasthan)
----Petitioner
Versus
----Respondents
S.B. Civil Writ Petition No. 18095/2019
Abdul Majid S/o Shri Ahmed Sayed, Aged About 67 Years, R/o Near Chobdar Ki Gali, Talkatora, Tonk, Rajasthan
----Petitioner
Versus
----Respondents
S.B. Civil Writ Petition No. 4417/2020
(5 of 7)
[CW-3984/2020]
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).
----Petitioner
Versus
----Respondents
S.B. Civil Writ Petition No. 4727/2020
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)
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. C.P. Sharma
(6 of 7)
[CW-3984/2020]
For Respondent(s) : Mr. Yashodhar Pandey for Mr. Anil Mehta, AAG Mr. Imran Khan, Addl.G.C.
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
18/09/2020
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.
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.
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.
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
(7 of 7)
[CW-3984/2020]
Tribunal is expected to decide the same expeditiously within a period of six months.
Writ petitions are dismissed accordingly.
All the pending applications also stand dismissed.
A copy of this order be placed in each of the file.
(SANJEEV PRAKASH SHARMA),J
SUNIL SOLANKI /19/24-34
1 issue framed by the court
Whether petitioners can claim higher selection scales via writ petitions when alternative efficacious remedy exists.
Smt. Sushila Devi
Surajmal Mathuria
Smt. Urmila Sharma
Mohd. Anwar
Shankar Lal Sharma
Mahendra Kumar Sharma
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
