Petitioner sought notional pay and seniority as Physical Training Instructor. High Court held issues are service matters requiring alternative remedy under the 1976 Act. Petitioner proceeded without availing said 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.
[2023/RJJP/003987]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 2126/2023
Bharat Sharma S/o Babu Lal Sharma, Aged About 50 Years, R/o Tiwadiyon Ki Kothi, Village Post Abhaneri, Tehsil Baswa, District Dausa (Raj.) At Present Residing At House No. A-39 Maharana Pratap Nagar, Keshav Vidhya Peth, Jamdoli, Jaipur (Raj.)
----Petitioner
Versus
----Respondents
For Petitioner(s) : None present For Respondent(s) :
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
10/03/2023
[2023/RJJP/003987]
[CW-2126/2023]
(2 of 2)
pursuant to the same recruitment process of 1998-99 to other candidates who stand lower in merit to the petitioner.
(SUDESH BANSAL),J
TN/1
3 issues framed by the court
Whether petitioner is entitled to notional pay fixation and seniority granted in a previous judgment.
Whether petitioner exhausted alternative remedy before the Service Tribunal before approaching the High Court.
Whether the High Court can entertain the writ petition on merits despite availability of alternative remedy.
Colour shows how this judgement treated each authority
Rajesh Kumar Vs. State & ors.Referred
SBCWP No.4641/2018 titled as (Rajesh Kumar Vs. State & ors.) decided on 05.03.2018
1 provisions across 1 enactments
Bharat Sharma
State Of Rajasthan
Commissioner, Secondary Education, Rajasthan
District Education Officer, Secondary Education
SUDESH BANSAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
