Dismissed

Rahul Meena S/O Shri Mohar Singh v. the State of Rajasthan

Rajasthan HC1 Mar 2023CW/3156/2023

Case brief

AI extract

What is this about?

Petitioner challenged non-grant of ACP benefit, arguing similar benefits extended to others. Court held subject falls under service matters with alternative remedy before the Appellate Tribunal under Section 2(f). Petition dismissed as petitioner did not avail alternative remedy.

What did the court decide?

Petitioner relegated to avail alternative remedy before the Tribunal.

Rahul Meena S/O Shri Mohar Singh Vs the… — Pension and Retirement Benefits | Rajasthan HC (2023)

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[2023/RJJP/003550]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 3156/2023

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Rahul Meena S/o Shri Mohar Singh, Aged About 30 Years, R/o Village Dhandhawli, Post Soumla, Tehsil Suroth, District Karauli, Rajasthan.

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----Petitioner

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Versus

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The State Of Rajasthan, Through Its Secretary, Education Department, Govt. Of Rajasthan, Government Secretariat, Jaipur.

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The Director, Primary Education, Rajasthan, Bikaner.

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The Director, Secondary Education, Rajasthan, Bikaner.

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The District Education Officer, Headquarter- Secondary, Bharatpur.

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----Respondents

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For Petitioner(s) : None Present For Respondent(s) :

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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01/03/2023

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The instant writ petition has been filed feeling aggrieved by non-grant of benefit of ACP of first selection scale on completion of 9 years of service on 24.9.2021. It has been stated that the benefit of ACP has been extended to other similarly situated persons.

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It is clear from pleadings that the petitioner is a Government Servant and the subject matter in issue related to confirmation & fixation of pay etc. falls within the purview of “Service Matters” as defined under Section 2(f) of the Rajasthan Civil Services (Service Matters Appellate Tribunals) Act, 1976, therefore, petitioner has alternative remedy for redressal of his grievance before the Rajasthan Civil Services Appellate Tribunal (hereinafter for-short “the Tribunal”).

(2 of 2)

[2023/RJJP/003550]

[CW-3156/2023]

It appears that petitioner without availing the alternative remedy, has instituted the instant writ petition under Article 226 of the Constitution of India, therefore, this Court is not inclined to entertain the instant writ petition on merits, however, relegates the petitioner to avail the alternative remedy before the Tribunal, if he so desires.

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With aforesaid observations, the instant writ petition is disposed of.

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Stay application and other pending application(s), if any, stand disposed of.

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(SUDESH BANSAL),J

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NITIN /14

Rahul Meena S/O Shri Mohar Singh v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rahul Meena S/O Shri Mohar Singh v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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