SITA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner in this writ petition has challenged the pay scale, which has been granted to him by virtue of Order dated 22nd July, 1982, Annexure-8 issued by the Executive Engineer, Irrigation Branch, Ajmer. THE petitioner has made the following prayer: - (a) issue a writ, order or direction in the nature of mandamus direc-ting the respondents to fix the petitioner the Revised New Pay Scale of Rs. 370-10-410-15-530-20-590 prescribed w. e. f. 1. 9. 1976. (b) to issue a writ, order or direction in the nature of prohibition restraining the respondents from fixing the petitioner in the grade of Rs 295-8-335-10-395-15-500 prescribed for the post of Mechanic Gr. II.

(2.) A preliminary objection has been raised by the learned Additional Government Advocate that the Writ Petition relates to the fixation of pay of the petitioner, who is a civil servant in the employment of the State of Rajasthan and this matter can be agitated by way of an appeal before the Rajasthan Civil Services Appellate Tribunal of the State of Rajasthan. My attention has been invited to Section 2 sub-clause (f) of Rajasthan Civil Services Act, 1976, which defines the service matters. Sub-clause (f) of Section 2 reads as under:- ' 2 (f) 'service matters' 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, allowance, pension and other service conditions, to the disadvantage of a government servant, otherwise than as a penalty. (vi) Cases or revision while officiating in a higher service, grade of post to lower service grade of post otherwise than as a penalty.

(3.) IT may be mentioned that Service Tribunal were constituted by specific Act of the Legislature in order to provide an appellate forum to the civil servants, who can legitimately make their grievances in respect of illegal, wrong or unjust order about their service conditions passed by the Government Officers and since remedy of appeal is more comprehensive wide and all questions can be considered by the Service Tribunal, because in some cases it is co-extensive, entertaining writ against the impugned order would be against the interest of a civil servant, instead of intertaining appeal by the Tribunal. This court entertains writ petitions where only limited questions can be canvassed about the jurisdictional issues. Moreover, the entertainment of writ petition directly without exhausting the remedy of the Service Tribunal would on the one side made the provision of this Act nugatory, on the other hand, it would result in avoidable flood of litigation.