Bhanwar Singh Meena S/O Shri Sugan Singh vs State Of Rajasthan (2024:Rj-Jp:10882)
2024 Latest Caselaw 1540 Raj/2

Rajasthan High Court

Bhanwar Singh Meena S/O Shri Sugan Singh vs State Of Rajasthan (2024:Rj-Jp:10882) on 4 March, 2024

Author: Ganesh Ram Meena

Bench: Ganesh Ram Meena

[2024:RJ-JP:10882]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                 S.B. Civil Writ Petition No. 18897/2023

Bhanwar Singh Meena S/o Shri Sugan Singh, Aged About 60
Years, R/o Village And Post Katkad (Jinsi Ka Pura), Tehsil
Hindaun City District Karauli Retired On 30.06.2023 From The
Post Of Lecturer (Hindi) At Government Senior Secondary School
Todupura, Block Shrimahaveerji District Karauli
                                                                     ----Petitioner
                                     Versus
1.       State Of Rajasthan, Through Its Principal Secretary,
         Education Department, Jaipur
2.       Director,   Secondary         Education         Department,      Bikaner
         Rajasthan
3.       Director, Pension Department, Jyoti Nagar, Jaipur
4.       District Education Officer, Secondary Education, Karauli
         Rajasthan
                                                                  ----Respondents

For Petitioner(s)          :     Mr. Vijay Pathak
For Respondent(s)          :



           HON'BLE MR. JUSTICE GANESH RAM MEENA

                           Judgment / Order

04/03/2024

Counsel for the petitioner submits that the petitioner retired

from the service w.e.f 30.06.2023, but he has not been paid the

pension till date.

On consideration of the submissions made by counsel for the

petitioner as well as the averments made in the writ petition, it is

borne out that the petitioner retired from the post of School

Lecturer (Hindi) vide order dated 10.03.2023 w.e.f 30.06.2023.

[2024:RJ-JP:10882] (2 of 2) [CW-18897/2023]

Petitioner is a Government servant as defined under Section

2(C) of the Rajasthan Civil Services (Service Matters Appellate

Tribunal) Act of 1976.

Section 2(F)(V) of the Act of 1976 provides an order denying

or varying pension as defined in service matter.

The Act of 1976 provides a statutory remedy of appeal

before the Rajasthan Civil Services Appellate Tribunal (for short

'the learned Tribunal') for a Government servant as defined under

Section 2(C) of the Act of 1976 in regard to the service matters as

defined under Section 2F of the Act of 1976.

It is a well-settled law that when there is an alternative

statutory remedy available to a person then no writ petition under

Article 226 of the Constitution of India Act, is entertainable

directly before the High Court.

In view of the above, the present writ petition is dismissed,

as the petitioner is having an alternative statutory remedy of

appeal before the learned Tribunal.

However, the petitioner would be at liberty to avail the

alternative appropriate statutory remedy of an appeal before the

learned Tribunal.

Since the main petition has been dismissed, the stay

application and pending application/s, if any, also stand dismissed.

(GANESH RAM MEENA),J

DIVYA SAINI /3

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