Allowed

Ashok Kumar S/O Shri Mohan Lal Sharma v. Director

Rajasthan HC22 May 2024CW/5241/2024

Case brief

AI extract

What is this about?

The honeycomb writ petition sought redressal regarding service matters. The court found the petitioner likely qualifies as a government servant under the Act of 1976 and alternative remedies exist. The petition was withdrawn with liberty to approach the Rajasthan Civil Services Appellate Tribunal within 30 days.

What did the court decide?

Petition disposed of with liberty to approach Rajasthan Civil Services Appellate Tribunal within 30 days for redressal of grievance.

Ashok Kumar S/O Shri Mohan Lal Sharma Vs… — Pension and Retirement Benefits | Rajasthan HC (2024)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 5241/2024

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Ashok Kumar S/o Shri Mohan Lal Sharma, R/o Village Dhanas, Post Jobner, District Jaipur, Rajasthan.

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----Petitioner

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Versus

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Director, Local Bodies, G-3, Rajmahal Residential Area, Civil Line Phatak, 22 Godam, Jaipur, Rajasthan.

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Executive Officer, Nagar Palika, Jobner, District Jaipur, Rasjthan.

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Chairman, Nagar Palika, Jobnerm, District Jaipur, Rajasthan.

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----Respondents

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For Petitioner(s) : Mr. Raghu Nandan Sharma For Respondent(s) :

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HON'BLE MR. JUSTICE SAMEER JAIN

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Order

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22/05/2024

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Learned counsel for the petitioner could not refute that the petitioners would be covered under the definition of ‘government servant’, as prescribed under Section 2(c) of Rajasthan Civil Services (Service Matters Appellate Tribunals) Act 1976 (for short “Act of 1976”), nor could the learned counsel for the petitioner refute that the lis in question also falls under the ‘service matters’, as defined under Section 2(f) of the Act of 1976. In view thereof, since the petitioner has an alternative and efficacious remedy available in law, the learned counsel for the petitioner has prayed for withdrawal of the present petition with liberty to approach the Rajasthan Civil Services Appellate Tribunal (for short “RAT”) for redressal of his grievance.

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Considering the oral prayer, the present petition stands disposed of with liberty to the petitioner to approach the RAT for

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[CW-5241/2024]

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(2 of 2)

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redressal of his grievance. If the petitioner files appropriate petition before the RAT within a period of 30 days, the RAT shall adjudicate the same on merits as expeditiously as possible, preferably within a period of three months.

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Needless to say, no prejudice to be caused to the petitioner based on any observations made hereinabove.

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The writ petition stands disposed of in above terms. Pending application(s), if any, shall stand disposed of.

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(SAMEER JAIN),J

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Neeru/91

Ashok Kumar S/O Shri Mohan Lal Sharma v. Director

Case brief

What is this about?

What did the court decide?

Ashok Kumar S/O Shri Mohan Lal Sharma v. Director

Case brief

What is this about?

What did the court decide?

What the court decided

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