Citation : 2021 Latest Caselaw 448 Raj/2
Judgement Date : 19 January, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 9669/2020
Praveen Kumar Sharma S/o Shri Yadram Sharma, Aged About 57
Years, R/o Village Post Rashidpur, Tehsil Mahwa, District Dausa.
----Petitioner
Versus
1. State Of Rajasthan, Through Principle Secretary,
Department Of Sanskrit Education, Government Of
Rajasthan, Secretariat, Jaipur.
2. Director, Sanskrit Education, Dr. Radha Krishan Shiksha
Sankul Near Mahaveer Park, Jln Marg, Jaipur.
3. Divisional Education Officer (Sanskrit), E-179, Ramesh
Marg, Jaipur.
----Respondents
For Petitioner(s) : Mr. Mohit Gupta For Respondent(s) :
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
19/01/2021 The petitioner by way of this writ petition has prayed for
seeking promotions as under:-
"It is therefore most respectfully prayed that the writ petition may kindly be allowed.
1. By issuing appropriate writ, order or direction the petitioner be granted promotion on the post of teacher grade II in Sanskrit department.
2. By issuing appropriate writ, order or direction the action of the respondent in not granting promotion on post of teacher grade II may kindly be quashed and set aside.
Any other appropriate relief which this Hon'ble court may deem fit, just and proper in the facts and circumstances of the case in favour of the petitioner".
Learned counsel for the petitioner submits that this court has
already decided the law in this regard while delivering the
(2 of 2) [CW-9669/2020]
judgment in the DB Civil Special Appeal No.986/2015 and
connected appeals decided on 26.10.2018. Learned counsel
submits that he is seeking similar order.
In the opinion of this court, once the law has been laid down
finally by this court repeated adjudication on the same issue is not
warranted and successive petitions being filed in the court seeking
same directions ought not to be entertained. More so, when there
is an alternate remedy available for approaching the Rajasthan
Civil Services Appellate Tribunal where on the basis of judgment
passed by High Court suitable directions can be issued.
Granting liberty to the petitioner to approach the Tribunal,
present writ petition is dismissed on the ground of alternate
remedy.
(SANJEEV PRAKASH SHARMA),J
ashu /49
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