CW 12293/09 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.12293/2009 Sumer Singh Versus State & Ors. Date of Order ::: 05/10/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Ajay Raj Tantia, for petitioner Petitioner upon promotion to the post of Senior Teacher was granted benefit of R.26A of RSR and after due fixation of pay, arrears were also paid. However, after fixation under revised pay scale vide order dt.19/12/2001 (Ann.4), there was an objection raised by audit party for wrong grant of pay fixation U/r 26A, which was withdrawn vide order dt.27/11/08 (Ann.5) as a consequence whereof, recovery was also ordered vide order dt.16/12/08 (Ann.6). It appears from the record that against order dt.27/11/08 and consequential order of recovery dt.16/12/08, petitioner submitted legal notice through counsel on 30/07/09 (Ann.7). Orders impugned (Ann.5 & 6) are indisputably appealable in terms of provisions of Rajasthan Civil Services Appellate Tribunal Act, 1976, which petitioner has failed to avail of. In view of statutory remedy of appeal available under the Act, 1976, this Court is not inclined to exercise its extra ordinary CW 12293/09 //2// jurisdiction U/Art.226 of the Constitution. Consequently, writ petition fails and is hereby dismissed. However, petitioner will be at liberty to avail of remedy under law. (Ajay Rastogi), J. K.Khatri/p.2/ 12293CW09-Oct5-DsRmdy.doc