CW 12551/09 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.12551/2009 Bhanwar Lal Khatik Versus State & Ors Date of Order ::: 28/10//09 Hon'ble Mr. Justice Ajay Rastogi Mr. SatyaVrata Sharma, for petitioner Instant petition has been filed by petitioner with the grievance that he has been superseded while promotions were made in RPS (Sr. Scale) as against vacancy year 2006-07 and persons junior to him were promoted on the basis of seniority-cum-merit vide order dt. 01/03/07 (Ann.9); however, petitioner was promoted in RPS (Sr. Scale) against vacancy year 2008-09 vide order dt.14/07/08 (Ann.10). Case set up by petitioner is that he has been arbitrarily superseded against vacancy year 2006-07 for promotion in RPS (Sr.Scale) more so when promotions were based on seniority cum merit and being senior could not have been superseded. In the opinion of this Court, the grievance in regard to his supercession for vacancy year 2006-07 vide order dt.01/03/07 (Ann.9) is a service matter covered U/s 2(f) Rajasthan Civil Services (Appellate Tribunal) Act, 1976 can be raised by petitioner while CW 12551/09 //2// filing appeal before the Tribunal under the Act, 1976. In view of efficacious remedy of appeal which petitioner has failed to avail of, this Court is not inclined to exercise discretionary & equitable jurisdiction U/Art. 226 of the Constitution. Consequently, writ petition is hereby dismissed. However, petitioner will be at liberty to avail of remedy under the law. (Ajay Rastogi), J. K.Khatri/p.2/ 12551CW09Oct28-DsRmdy.doc