SHANTI LAL SUTHAR S/O SHRI RAM GOPAL SUTHAR v. STATE OF RAJASTHAN
CW/19147/2024 · 2025-02-04
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 34513 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 34513 (RAJ) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.19147/2024 Shanti Lal Suthar S/o Shri Ram Gopal Suthar, Aged About 60 Years, R/o Village And Post Hurda, Tehsil Hurda, District Bhilwara. Retired On 30.09.2024 From The Post Of Lecturer (Hindi) At Government Senior Secondary School Tonkarwar Block Hurda District Bhilwara, Rajasthan. ----Petitioner Versus
1. State Of Rajasthan, Through Its Principal Secretary, Education Department, Government Of Rajasthan, Secretariat, Jaipur.
2. Director, Secondary Education, Bikaner.
3. Principal, Government Senior Secondary School, Tonkarwar Block Hurda District Bhilwara, Rajasthan. ----Respondents For Petitioner(s) : Mr. Vijay Pathak JUSTICE ANOOP KUMAR DHAND
Order 04/02/2025
1. Aggrieved by the order dated 23.12.2022, the petitioner has approached this Court by way of filing this writ petition.
2. By passing the order dated 23.12.2022, the Director, Secondary Education has punished the petitioner with penalty of withholding two grade increments without cumulative effect in exercise of its powers contained under Rule 17 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 (hereinafter referred to as ‘the Rules of 1958’).
3.
Learned counsel for the petitioner submits that aggrieved by the aforesaid order, a statutory appeal under Rule 23 of the Rules
(2 of 2) [CW-19147/2024] of 1958 has been submitted before the Secretary, Secondary Education, State of Rajasthan, but inspite of passing considerable time, till date the same has not been decided.
4. Now the petitioner has approached this Court challenging the same order, which has already been challenged by the petitioner before the statutory appellate authority.
5. It is a settled proposition of law that when alternative remedy has already been availed by a person, he/she cannot be allowed to avail two parallel remedies for the same grievance.
6. In view of above, the writ petition stand disposed of by issuing directions to the Appellate Authority to decide the appeal (pending, if any) expeditiously as early as possible; preferably within a period of three months from the date of receipt of certified copy of this order.
7. Stay application as well as all applications (pending, if any) also stand disposed of.
8. Before parting with this order, it is made clear that this Court has not passed any direction to the respondents to decide the appeal of the petitioner in a particular way. The respondents would be at liberty to decide the same strictly in accordance with law.
(ANOOP KUMAR DHAND),J Karan/1