CW 12184/09 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.12184/09 Ram Bharosi Mahawar Versus State & Ors. DATE OF ORDER : 13/10/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Vijay Pathak, for petitioner *** Instant petition has been filed by petitioner assailing order dt.20th July, 2004 [Ann.5] whereby second selection scale was earlier granted to him on completion of 18 yrs. of service in the pay scale of Rs.2000-3200 was cancelled and in compliance thereto, order dt.18th January, 2005 was passed by the authority revising fixation of pay. Counsel submits that order impugned has been passed without due compliance of principles of natural justice and since they are now making recovery from him. Thus, after legal notice being served, he has approached this court by filing instant petition. No justification has been forwarded in this petition in regard to inordinate delay which has CW 12184/09 [2] been caused for filing of instant petition. Apart from it, if at all, he was aggrieved by the order Ann.5 dt.20th July, 2004 and so also order passed in compliance thereto, remedy of appeal under the Act, 1976 was available to him. But, he has failed to approach the learned Appellate Tribunal availing the statutory appeal available to him under law. Apart from inordinate delay which has been caused in filing of instant petition but on account of availability of remedy of appeal to the petitioner under the Act, 1976, this court is not inclined to interfere in the instant petition and the same is, accordingly, dismissed. [AJAY RASTOGI], J. FRBOHRA12184CW09 13-10.doc