CW 9055/06 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.9055/2006 Mahaveer Prasad Versus State & (3) Ors Date of Order ::: 07/01/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Amardeep Atwal, for petitioner Mr. JK Agrawal, Addl. Govt. Advocate, for respondent-State Instant petition has been filed assailing order dt.29/06/06 whereby petitioner was compulsorily retired from service U/r 53(1) of Rajasthan Civil Services (Pension) Rules, 1996 (“Rules, 1996”). Respondent Nos.1 & 3 have filed reply raising preliminary objection that against order of compulsory retirement impugned, an alternative remedy U/R 35 of Rajasthan Subordinate Courts Ministerial Establishment Rules, 1986 (“Rules, 1986” is available to the petitioner. Counsel for petitioner submits that limitation provided for making representation U/r 35 of Rules, 1986 is of three months, which may cause prejudice to petitioner, if he avails of such remedy under Rules, 1986. In view of alternative remedy available under law (supra), this petition fails and is hereby dismissed. However, petitioner will be CW 9055/06 //2// free to avail of remedy U/r 35 of Rules, 1986 – alongwith which, if an application seeking condonation of delay is filed, in view of the fact that he preferred instant petition which remained pending for sufficient long time, the same be sympathetically considered by the competent authority. No costs. (Ajay Rastogi), J. K.Khatri/p.2/9055CW06ds-7Jn.doc