WPSS No. 593/2009 Hon’ble J.C.S. Rawat, J. Mr. M. C. Kandpal, Senior Advocate with Mr. S. S. Chaudhary, Advocate for the petitioner. Mr. Paresh Tripathi, Brief Holder for the State/respondents. Learned Brief Holder for the State raised an objection that the petitioner has an alternative remedy before the Public Service Tribunal, as such the writ petition cannot be entertained under Article 226 of the Constitution of India and the petitioner should have first approached to the Tribunal. The detailed reasons have been assigned by the Division Bench of this Court in Bhuvan Chandra Pandey Vs. State passed in Writ Petition No. 630 of 2006 (S/S) and Nanda Ballabh Pant, Vs. State passed in Writ Petition No.257/2005 (S/B). Learned counsel for the petitioner could not demonstrate that the Tribunal has no jurisdiction over the matter. In view of above, learned counsel for the petitioner seeks leave of this court to withdraw the petition with liberty to seek the appropriate remedy in the appropriate Tribunal. Permission granted. The petition is dismissed as withdrawn with the above liberty. However, the Tribunal while computing the period of limitation to entertain such petition to be filed by the petitioner will consider the time spent in prosecuting this writ petition in this court. (J.C.S. Rawat, J.) Dated 17.08.2009 LSR