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TMI Blog1999 (11) TMI 903X X X X Extracts X X X X X X X X Extracts X X X X ..... ersonnel or selected personnel, whichever is earlier. A direction was issued by the Project Director (Monitoring), Co-operative Department, Govt. of Rajasthan, that the Bank may take steps for absorption of the employee becoming surplus on account of abolition of one post of Lower Division Clerk. The Bank was also informed that after September 30, 1984, no grant shall be paid for the posts abolished. 4. The say of the petitioner is that the Project Director (Monitoring) by letter dated March 21, 1985, invited the attention of the Project Officer and Secretary to the respondent Bank to the fact of one Lower Division Clerk becoming surplus and to the direction that such employee may be absorbed in the service of the Bank. The Project Officer was to take a decision in that regard and inform the Director. The matter was, accordingly, processed and a proposal was worked out to the effect that petitioner may be adjusted against the available vacant post in the Bank. However, the formal order was not issued in pursuance to the aforesaid order till it came to be resolved vide resolution No...... February 3, 1990 that the petitioner be absorbed on the post of L. D. C. in the respondent B ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cation provided is that a person should be a graduate with typing speed of 30 words per minute, whereas the petitioner is simply higher secondary pass and as such, did not possess the minimum qualification. It is also averred that petitioner has been successful in misleading the Court by referring similar writ petitions in which grievance with respect to pay scale have been raised. It is also averred the petitioner persuaded this Hon'ble Court to admit the writ petition and grant same order which has been made in those writ petitions and on this ground alone, the writ petition filed by the petitioner deserves to be dismissed . It may be stated that in paras 1 and 2 of the writ petition, reference has been made to similar writ petitions pending before the Division Bench. The instant writ petition was filed as single Bench Petition. 6. When the matter came up for hearing before the learned single Judge, the learned counsel for the respondent Bank pressed the preliminary objection with respect to the maintainability of the writ petition as the statutory appeal is provided under Section 124 of the Rajasthan Cooperative Societies Act. It was contended on behalf of the petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cessary to deal with all the cases earlier to year 1995. Suffice it to say that the Court held that normal rule is that an employee should avail remedies provided under the Act and entertainment of a writ petition by the Court under Article 226 of the Constitution of India without exhausting the remedy should be with great care an caution and in very exceptional cases. 9. Learned counsel has not addressed either before us or before the learned single Judge as to how the impugned order is in violation of the principles of natural justice or without jurisdiction. Be that as it may, the Joint Registrar by the impugned order has rescinded the resolution of the Bank after giving an opportunity of hearing to the Bank in exercise of powers conferred by Section 32 of the Rajasthan Co-operative Societies Act, No opportunity of hearing was required to be given to the petitioner. 10. Learned counsel has pressed into service and argued vigorously the second limb of the contention that once a petition has been admitted and is at the stage of hearing, it cannot be thrown out on the ground of alternate remedy, The first case relied upon by the learned counsel is Dr. Bal Krishna Agarwal v. S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Assessing Authority was still required to examine the question as to whether the Forest Corporation was entitled to benefit under Section 11(1) of the Income Tax Act. This case is of no assistance to the petitioner. 12. In Whirlpool Corporation v. Registrar Trade Marks, (supra), the Court held that the jurisdiction of the High Court in entertaining a writ petition under Article 226 of the Constitution, of India, in spite of the alternate statutory remedy, is not affected specially in a case where the authority against whom the writ is filed is shown to have had no jurisdiction or had purported to usurp jurisdiction without any legal foundation. This case is also of no assistance to the petitioner as nothing is shown as to how the impugned order of the Joint Registrar is without jurisdiction. 13. In Tin Plate Company of India Ltd. v. State of Bihar, reported in AIR 1999 SC 74, the Court observed as under: 5. In the present case, in view of the observations made by the High Court, the Appellate Authority has rejected the appellant's appeal at the threshold and the appellant has been left without any remedy under the law. In such circumstances, we are of the view that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nasmuch as the learned single Judge has rejected the writ petition on the ground of alternate remedy without hearing the case on merits, 16. Thus, we are of the view that no broad proposition can be laid down that in all cases, where a writ petition has been admitted under Article 226 of the Constitution of India, the Court will have no discretion at the time of the final hearing to relegate the petitioner to statutory alternate remedy available. The writ petition is admitted ex parte. It is always open to the respondents to resist the writ petition on all available grounds including the ground of maintainability of the writ petition on the ground of efficacious and alternate remedy available under the statute. It is for the Court to consider exercising the sound judicial discretion as to whether at a particular stage, petitioner should be heard, notwithstanding the existence of alternate remedy or not. No inflexible rule can be laid down in this regard. It is a mere matter of expediency. Normally where complaint is made against any act done or purported to be done under any statutory provision, the fact that there exists in the Statute itself a possible remedy is an important f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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