JUDGEMENT
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(1.) This writ petition seeks to challenge the order of
the learned Single Judge dated 30.3.2000 disposing of the writ
petition by holding that in the judgment reported in 1999(2)
RLW 1319 the learned Judge had already taken a view that
alternative remedy in service matter is liable to be strictly
followed and no writ petition can be directly entertained by
this Court. Learned Single Judge was also of the view that the
present matter is required to be adjudicated by the Rajasthan
Civil Services Appellate Tribunal, and therefore, the
petitioner was relegated to the alternative remedy of
approaching the Tribunal, and the matter was ordered to be
transferred to the Tribunal.
(2.) A look at the writ petition shows that the
controversy involved in the present matter is regarding
validity of selection of private respondent in the cadre of
R.A.S., and also interalia on the ground of availability of
certain privileges to non gazetted in-service candidates.
(3.) Section 2(f) of the Rajasthan Civil Services
(Service Matters Appellate Tribunals) Act, 1976 defines the
expression "Service matter". For convenience sub-section 2(f)
is reproduced which reads as under:-
"(f) "Service matter" means any one or more than one
of the following matters relating to a Government
servant :-
(i) Seniority;
(ii) Promotion;
(iii)Confirmation;
(iv)Fixation of pay;
(v) An order denying or varying pay, allowances,
pension and other service conditions to the
disadvantage of a Government servant, otherwise than
as a penalty;
(vi) Cases of reversion while officiating in a
higher service, grade or post to lower service,
grade or post otherwise than as a penalty;
(vii) Withholding the pension or denying the
maximum pension otherwise than as the penalty;
(viii) Any other matter notified by the
Government.";
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