Chetan Bairwa S/O Rugha Bairwa vs State Of Rajasthan
2023 Latest Caselaw 454 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

           S.B. Civil Writ Petition No. 16663/2022

1.     Chetan Bairwa S/o Rugha Bairwa, Aged About 41 Years,
       R/o Village Chetanpura, Tehsil Tonk, District Tonk 304001
       (Raj)
2.     Bhagwati Bairwa D/o Ramji Lal Bairwa, Aged About 41
       Years, R/o Village Tonk, Tehsil Tonk, District Tonk 304001
       (Raj)
3.     Sanju Bairwa D/o Bhimraj Bairwa, Aged About 37 Years,
       R/o Village Tonk, Tehsil Tonk, District Tonk 304001 (Raj)
                                                                  ----Petitioners
                                   Versus
1.     State Of Rajasthan, Through Its Principal Education
       Secretary, Government Of Rajasthan, Government
       Secretariat, Jaipur (Rajasthan).
2.     The Secretary Cum Commissioner, Panchayati Raj
       Department, Government Of Rajasthan, Government
       Secretariat, Jaipur (Rajasthan).
3.     The Chief Executive Officer, Zila Parishad, Tonk (Raj.).
4.     The District Elementary Education Officer, Tonk (Raj.).
                                                                ----Respondents

Connected With S.B. Civil Writ Petition No. 16658/2022

1. Maya Rao D/o Jagdish Rao, Aged About 32 Years, R/o Village Sohela, Tehsil Peeplu, District Tonk 304001 (Raj)

2. Surendra Bairwa S/o Chhitarlal Bairwa, Aged About 35 Years, R/o Village Tonk, Tehsil Tonk, District Tonk 304001 (Raj)

----Petitioners Versus

1. State Of Rajasthan, Through Its Principal Education Secretary, Government Of Rajasthan, Government Secretariat, Jaipur (Rajasthan).

2. The Secretary Cum Commissioner, Panchayati Raj Department, Government Of Rajasthan, Government Secretariat, Jaipur (Rajasthan).

3. The Chief Executive Officer, Zila Parishad, Tonk (Raj.).

4. The District Elementary Education Officer, Tonk (Raj.).

                                                                ----Respondents


For Petitioner(s)        :     Mr. Ananth Shankar Sharma
For Respondent(s)        :     Mr. S.S. Raghav, AAG





                                                                                 (2 of 2)            [CW-16663/2022]


                                                 HON'BLE MR. JUSTICE SUDESH BANSAL

                                                                        Order

                                   12/01/2023

1. Petitioners are working on the post of Teacher Grade-III and

by way of instant writ petition they are seeking for seniority/ pay

fixation etc.

2. Petitioners have placed reliance on the judgment of Suman

Bai Vs. State of Rajasthan [2009(1) WLC (Raj.) 381].

3. Counsel appearing on behalf of respondent-State submits

that as per section 2 (f) of Rajasthan Civil Services (Service

Matters Appellate Tribunals) Act 1976 (hereinafter referred to

"the act of 1976"), the issue of determination of pay fixation falls

within the definition of service matter and is amenable before the

Rajasthan Civil Services Appellate Tribunal constituted under the

Act of 1976. As such petitioners have alternative remedy to claim

seniority/pay fixation before the Tribunal.

4. In view of above, writ petitions are dismissed with liberty to

petitioners to avail the alternative remedy before the Tribunal.

The petitioner may approach the Tribunal within thirty days.

5. Stay application and any other pending application(s), if any,

stand disposed of.

(SUDESH BANSAL),J

NITIN/97-98

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