Disposed

Sharad Purnima Shrimali W/O Shri Ashwani Sharma v. State of Rajasthan

Rajasthan HC24 Feb 2025CW/18869/2024

Case brief

AI extract

What is this about?

A service-related writ petition was withdrawn as the petitioner fell within the definition of government servant under the Rajasthan Civil Services (Service Matters Appellate Tribunals) Act 1976 and had an efficacious alternative remedy. The court permitted withdrawal with liberty to approach the RAT, directing expeditious adjudication if a petition is filed within 30 days.

What did the court decide?

Liberty to petitioner to approach RAT within 30 days; RAT directed to adjudicate on merits preferably within three months.

Sharad Purnima Shrimali W/O Shri Ashwani Sharma Vs… — Service and Employment | Rajasthan HC (2025)

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[2025:RJ-JP:8134]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 18869/2024

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Sharad Purnima Shrimali W/o Shri Ashwani Sharma, Aged About 63 Years, R/o Plot No. D-36, Dev Nagar, Opposite Glass Factory, Tonk Road, Jaipur Rajasthan 302018

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----Petitioner

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Versus

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State Of Rajasthan, Through Its Secretary, Education Department Secondary Education Secretariat, Janpath Jaipur, Rajasthan.

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State Of Rajasthan Through Its Director, Secondary Education Department, Bikaner, Rajasthan.

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District Education Officer (Secondary), Office Of District Education Officer (Secondary) Headquarter, Ist Floor, Block No. 3, Dr. Radhakrishanan Siksha Sankul, J.l.n. Marg, Jaipur Rajasthan 302015

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Vinay Bharti Bal Mandir Through Its Minister, Opposite Central School No. 1, Bajaj Nagar, Jaipur.

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----Respondents

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For Petitioner(s) : Mr. Bhawani Singh Shekhawat, Adv. For Respondent(s) :

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HON'BLE MR. JUSTICE SAMEER JAIN

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Judgment

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24/02/2025

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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,

(2 of 2)

[2025:RJ-JP:8134]

[CW-18869/2024]

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 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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CHANDAN /146

Sharad Purnima Shrimali W/O Shri Ashwani Sharma v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sharad Purnima Shrimali W/O Shri Ashwani Sharma v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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