Dismissed

Ramswaroop v. State of Raj and Ors.

Rajasthan HC13 Dec 2023CW/930/2011

Case brief

AI extract

What is this about?

The petitioner filed a writ petition seeking promotion to Assistant Sub Inspector. The Court held that the matter pertains to service under the Rajasthan Civil Services (Service Matter Appellate Tribunal) Act, 1976, for which an alternative remedy of appeal exists. Consequently, the Court refused to entertain the writ petition directly, directing the petitioner to approach the Service Tribunal.

What did the court decide?

Petition dismissed; liberty granted to approach the Rajasthan Civil Services Appellate Tribunal for redressal.

Ramswaroop Vs State of Raj and Ors. — Pension and Retirement Benefits | Rajasthan HC (2023)

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[2023:RJ-JP:39513]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 930/2011

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Ramswaroop Son Of Late Shri Gopi Ram Sharma, Village Minda, Tehsil Nawa, District Nagaur.

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----Petitioner

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Versus

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State Of Rajasthan Through Director General Of Police, Rajasthan, Jaipur.

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Additional Director General Of Police Railways, Rajasthan, Jaipur.

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Inspector General Of Police, Police Head Quarters, Rajasthan , Jaipur.

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Superintendent Of Police, G.r.p., Ajmer.

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----Respondents

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For Petitioner(s) : Mr. Amit Jindal For Respondent(s) : Mr. Rupin Kala

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HON'BLE MR. JUSTICE GANESH RAM MEENA

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Judgment / Order

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13/12/2023

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The present petition has been filed by the petitioner for promotion to the post of Assistant Sub Inspector for the year, 2009-2010.

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The petitioner is a Government servant as defined under Section 2(c) of Rajasthan Civil Services (Service Matter Appellate Tribunal) Act, 1976 (in short ‘ the Act of 1976). The issue raised in the petition in regard to the promotion is a service matter as defined under Section 2(c) of the Act, 1976.

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The Act of 1976 provides statutory alternative remedy of appeal to a Government servant in regard to the issue pertaining to the service matters. In view of the availability of statutory

[2023:RJ-JP:39513]

[CW-930/2011]

(2 of 2)

alternative remedy of appeal under the Act of 1976, the petitioner should approach the Service Tribunal by filing of an appeal in regard to his grievances raised in the present petition.

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In view of the above, this Court is not inclined to entertain the writ petition directly under Article 226 of the Constitution of India without availing statutory alternative remedy of appeal before the Service Tribunal.

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Thus, this present petition is disposed of with liberty to the petitioner to approach the Rajasthan Civil Services Appellate Tribunal for redressal of his grievances.

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Since, the main petition has been disposed of, all other pending application/s, if any, stand disposed of.

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(GANESH RAM MEENA),J

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Seema/134

Ramswaroop v. State of Raj and Ors.

Case brief

What is this about?

What did the court decide?

Ramswaroop v. State of Raj and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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