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2025 DAILYLAW 6676 (RAJ)

SHAILENDRA KUMAR S/O SHRI SWARN SINGH SAINI v. STATE OF RAJASTHAN

CW/2269/2025 · 2025-02-24

Sameer Jain

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:8284] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2269/2025 Shailendra Kumar S/o Shri Swarn Singh Saini, Aged About 30 Years, R/o Village Morda, Tehsil Weir, District Bharatpur-321408 (Raj.) ----Petitioner Versus 1. State Of Rajasthan, Through The Additional Chief Secretary, Public Health Engineering And Ground Water Department, Secretariat, Jaipur (Rajasthan). 2. The Joint Secretary-I, Public Health Engineering And Ground Water Department, Government Of Rajasthan, Secretariat, Jaipur (Raj.). 3. Chief Engineer (Administration), Public Health Engineering Department, Jecob Road, 2, Civil Lines, Jaipur-302006 (Rajasthan). 4. Superintendent Engineer, Public Health And Engineering Department Circle, Krishna Nagar, Bharatpur-301001 (Rajasthan). 5. Manendra Singh S/o Gopal Ram, Before Posted Assistant Engineer, Public Health And Engineering Department, Division Bayana, District Bharatpur-301001 (Rajasthan). ----Respondents For Petitioner(s) : Mr. Sarthak Rastogi, Adv. For Respondent(s) : Ms. Mahi Yadav, AAG with Mr. Manaswitta Nakwal Mr. Anjani Kumar Sharma for respondent No.5 HON'BLE MR. JUSTICE SAMEER JAIN Judgment 24/02/2025 Learned counsel for the petitioner could not refute that the petitioners would be covered under the definition of ‘government servant’, as prescribed under Section 2(c) of Rajasthan Civil [2025:RJ-JP:8284] (2 of 2) [CW-2269/2025] Services (Service Matters Appellate Tribunals) Act 1976 (for short “Act of 1976”), nor could the learned counsel for the petitioner refute that the lis in question also falls under the ‘service matters’, as defined under Section 2(f) of the Act of 1976. In view thereof, since the petitioner has an alternative and efficacious remedy available in law, the learned counsel for the petitioner has prayed for withdrawal of the present petition with liberty to approach the Rajasthan Civil Services Appellate Tribunal (for short “RAT”) for redressal of his grievance. Considering the oral prayer, the present petition stands disposed of with liberty to the petitioner to approach the RAT for redressal of his grievance. If the petitioner files appropriate petition before the RAT within a period of 30 days, the RAT shall adjudicate the same on merits as expeditiously as possible, preferably within a period of three months. Needless to say, no prejudice to be caused to the petitioner based on any observations made hereinabove. The writ petition stands disposed of in above terms. Pending application(s), if any, shall stand disposed of. (SAMEER JAIN),J CHANDAN /380