Dismissed

Ramesh Chandra Sharma S/O Late Shri Pyare Lal Sharma v. the State of Rajasthan

Rajasthan HC1 Feb 2022CW/692/2022

Case brief

AI extract

What is this about?

The petitioner challenged a revised seniority list for promotion to Additional Chief Engineer. The court held that the petitioner could not claim lack of alternative remedy since the Appellate Tribunal is a multi-member body where the Chairman's presence is not mandatory, dismissing the writ petition.

What did the court decide?

Direction to respondents for quashing order dismissed.

Ramesh Chandra Sharma S/O Late Shri Pyare… — Pension and Retirement Benefits | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 692/2022

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Ramesh Chandra Sharma S/o Late Shri Pyare Lal Sharma, Aged About 64 Years, R/o D-44, Roop Vihar, Mohan Marg, New Sanganer Road, Sodala, Jaipur, Retd. Chief Engineer

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----Petitioner

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Versus

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The State Of Rajasthan, Through Secretary To The Govt. Water Resources Department, Government Of Rajasthan, Secretariat, Jaipur

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Principal Secretary, Department Of Personnel, Govt. Of Rajasthan, Secretariat, Jaipur

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Chairman Departmental Promotion Committee, Water Resources Department And Member, Rpsc, Ajmer

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Chief Engineer, Water Resources Department, Indira Gandhi Nahar Mandal Bhawan, Jyoti Nagar, Bhawani Singh Road, Jaipur

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Director, Pension And Pension Welfare Department, Jyoti Nagar, Jaipur

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----Respondents For Petitioner(s) : Mr. R.D. Meena through VC For Respondent(s) :

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HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

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Order

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01/02/2022

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This writ petition has been filed for quashing the revised seniority cum eligibility list for review DPC for promotion to the post of Additional Chief Engineer (Civil) held on 17.11.2021 as well as the impugned order dated 22.11.2021 issued by the respondents with direction to the respondents to issue fresh revised seniority cum eligibility list for review of DPC for

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(2 of 2)

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[CW-692/2022]

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promotions to the post of Additional Chief Engineer (Civil) for the year 2016-17 and accordingly convene the review DPC and give promotion to the petitioner on the said post and further promotion to the post of Chief Engineer with all consequential benefits.

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Undisputedly, the petitioner has a statutory alternative and efficacious remedy under the Rajasthan Civil Services (Service Matters Appellate Tribunal) Act, 1976. In para 19 of the memo of the writ petition following reason has been assigned for not availing the alternative remedy:-

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“That it is submitted that the member of Review DPC for promotion to the post of Superintending Engineer, Shri Shikhar Agarwal, the then Principal Secretary, Department of Water Resource who is presently holding the post of Chairman of Rajasthan Civil Services Appellate Authority and therefore Petitioner is left with no other alternative, speedy and equally efficacious remedy except to approach this Hon’ble Court by way of filing this writ petition under Article 226 of the Constitution of India.”

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The Rajasthan Civil Services Appellate Tribunal is a multi member body and for constitution of its benches, presence of the Chairman therein is not a necessary concomitant. In view thereof, this Court is not satisfied with the reason assigned by the petitioner for not availing the alternative efficacious remedy. The writ petition is dismissed accordingly.

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(MAHENDAR KUMAR GOYAL),J

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Manish/83

Ramesh Chandra Sharma S/O Late Shri Pyare Lal Sharma v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ramesh Chandra Sharma S/O Late Shri Pyare Lal Sharma v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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