Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 4284 (RAJ)

VARUN SINGH TOMAR S/O LATE SHRI PRATAP SINGH TOMAR v. STATE OF RAJASTHAN

CW/1949/2023 · 2025-02-18

Anoop Kumar Dhand

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:7122] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1949/2023 1. Varun Singh Tomar S/o Late Shri Pratap Singh Tomar, Aged About 38 Years, Resident of 66/109, Pratap Nagar Jaipur (Rajasthan) 2. Gourav Chirak S/o Late Shri Niranjan Chirak, Aged About 46 Years, Resident of Plot Number 65, Saini Colony 1St, Jaipur (Rajasthan) 3. Sitaram Choudhary S/o Late Shri Jagdish Narain Choudhary, House Number 43, Shivaji Nagar Sector-71, Near Pani Ki Tanki, Pratap Nagar Shyopur, Sanganer, Jaipur (Rajasthan) 4. Om Prakash S/o Late Shri Baluram, Resident of Village Chak Kharadiya, Post Sighana, Tehsil Deedwana District Nagore (Rajasthan) 5. Hemant Kumar Ojha S/o Late Shri Bharat Lal Ojha, Resident of Nayi Abadi, Shivam, Aawal, District Sirohi (Rajasthan) 6. Umesh Kumar Sharma S/o Shri Moha Lal Sharma, Resident of 6 F 5, Jawahar Nagar, Shri Ganganar (Rajasthan) ----Petitioners Versus 1. State of Rajasthan, through Its Secretary Department of Social Justice And Empowerment, Government Secretariat, Jaipur 2. Department of Social Justice and Empowerment Rajasthan, through its Director, G-3/1, Rajmahal Residency Area, Near Civil Line Railway Crossing, Jaipur - 302005 3. Commissioner Department of Social Justice And Empowerment Rajasthan, G-3/1, Rajmahal Residency Area, Near Civil Line Railway Crossing, Jaipur - 302005 ----Respondents For Petitioner(s) : Mr. Prakash Chand Thakuriya with Mr. Gaurav Rawat For Respondent(s) : Mr. Amitosh Pareek, Dy.GC Mr. Manish Bhardwaj for Mr. Nalin G. Narain [2025:RJ-JP:7122] (2 of 2) [CW-1949/2023] JUSTICE ANOOP KUMAR DHAND Order 18/02/2025 1. By way of filing of instant writ petition, a challenge has been made to the review DPC for promotion to the post of LDC-1. 2. Admittedly, the petitioner has an alternative efficacious statutory remedy of filing appeal before the Rajasthan Civil Service Appellate Tribunal (for short ‘the Tribunal’) but without availing the alternative statutory remedy of filing an appeal before the statutory Appellate Authority, the petitioner has straightaway approached this Court by way of filing of this writ petition. 3. It is settled proposition of law whenever alternative statutory appeal is available to the person, he/she cannot be allowed to bypass the jurisdiction of the said authority. 4. In view of the above, the instant writ petition stands disposed of, granting liberty to the petitioner to file statutory appeal before the appropriate Appellate authority. 5. Stay application as well as all pending application, if any, also stands disposed of. 6. In case, such appeal is submitted by the petitioner within a period of one month from today, the Appellate Authority is expected to hear and decide the same on its merits, expeditiously as early as possible, preferably within a period of three months thereafter, ignoring the period of limitation and after affording the due opportunity of hearing to both the parties. (ANOOP KUMAR DHAND),J GARIMA /207