CWP 12381/09 1 In the High Court of Judicature for Rajasthan Jaipur Bench, Jaipur. ** Civil Writ Petition No.12381/09 Bansilal Sain Vs. State & ors. Date of Order ::: 06/10/2009 Hon'ble Mr. Justice Ajay Rastogi Mr. Anil Upman, for petitioner Instant writ petition has been filed against the order Anx.4 dated 23rd June, 2009 whereby the benefit of selection scale granted to him earlier vide order dated 21st March, 2006 has been cancelled. Counsel submits that in identical matter, while issuing notices, interim order has been passed by the coordinate Bench of this Court at Jodhpur. In the opinion of this Court, the order impugned in the instant writ petition dated 23rd June, 2009 indisputably is an appealable order under the Rajasthan Civil Services Appellate Tribunal Act, 1976 which provides an efficacious/alternative remedy to the petitioner. So far as the order of coordinate Bench of this Court is concerned, it is an interim order but in the facts and circumstances of the instant case, the order being appealable, this Court is not inclined to exercise its extraordinary jurisdiction under Article 226 of the CWP 12381/09 2 Constitution of India. Counsel submits that the impugned order is of 23rd June, 2009 and the period of limitation has expired and at this stage, if he approaches to the Tribunal, prejudice will cause to him. The writ petition is accordingly dismissed with liberty to the petitioner to file appeal before the Tribunal. However, it is made clear that, if he prefers an appeal within fifteen days from today, the same shall be treated within limitation and the Tribunal may decide the same on merits. (Ajay Rastogi), J. Raghu/12381-cw-2009-final.doc CWP 12381/09 3