SBC WRIT PETITION NO.4084/1997 –DASHRATH CHAND SINGHVI V/S THE CHIEF ACCOUNTS OFFICER, RSRTC, JAIPUR AND ANOTHER : ORDER DTD. 27.1.2009 1/3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. CIVIL WRIT PETITION NO.4084/1997 Dashrath Chand Singhvi versus The Chief Accounts Officer, RSRTC, Jaipur and another. PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI None present, for the petitioner. Mr.Vijay Vyas, for the respondents. DATE OF JUDGMENT : 27th January, 2009. JUDGMENT 1. By this petition, the petitioner has claimed that he may be paid the correct dearness allowance for the period from 24.12.1976 to 13.12.1994 as he was not being paid the correct dearness allowance. At the relevant time, when this writ petition was filed in the year SBC WRIT PETITION NO.4084/1997 –DASHRATH CHAND SINGHVI V/S THE CHIEF ACCOUNTS OFFICER, RSRTC, JAIPUR AND ANOTHER : ORDER DTD. 27.1.2009 2/3 1997, the petitioner came with a case that a departmental enquiry is pending against him and he was under suspension. 2. The learned counsel for the respondents Mr. Vijay Vyas submits that thereafter the enquiry was concluded and the petitioner's services were terminated and as far as question of determination of dearness allowance for the aforesaid period is concerned, the same can only be determined by the Industrial Tribunal or a fact finding body and not by this Court in a writ petition under Article 226 of the Constitution of India. 3. In view of the aforesaid submissions, this writ petition is disposed of with a direction to the petitioner to approach the respondent – Authorities or the Industrial Tribunal as the case may be for any relief regarding dearness allowance payable for the aforesaid period while he was under suspension. In view of the fact that the petitioner's services have already been terminated by the respondent – employer – RSRTC, this Court is not inclined to determine the amount of correct dearness allowance herein in extraordinary jurisdiction under Article 226 of the Constitution of India and the SBC WRIT PETITION NO.4084/1997 –DASHRATH CHAND SINGHVI V/S THE CHIEF ACCOUNTS OFFICER, RSRTC, JAIPUR AND ANOTHER : ORDER DTD. 27.1.2009 3/3 petitioner is relegated to the alternative remedy by way of approaching either the competent authority of the respondent – Corporation or the Industrial Tribunal as the case may be. If any such claim or any representation is filed before any such authority or the Tribunal, the same will be decided in accordance with law without raising the question of limitation. 4. The writ petition is accordingly disposed of. No order as to costs. (Dr.VINEET KOTHARI)J. ITEM NO.10 Ss/-