CWP 11475/2008 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH SB Civil Writ Petition No. 11475/2008 Khan Singh Versus. State of Rajasthan and ors. DATE OF ORDER : 11/11/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Ashvini Jaiman, for petitioner. Mr. DV Tholia ] Mr. Shobhit Tiwari ], for respondents Mr. SD Khaspuria ] Instant petition has been filed by the petitioner assailing the order Anx. 8 dt. 29/09/2008 whereby promotions were made on the recommendations of the DPC against the year 2008-2009 for the post of Executive Engineer on the basis of seniority cum merit. After the notices were served, a preliminary objection has been raised by the respondents that the order impugned is a service matter and appealable before the Service Appellate Tribunal under the Act, 1976. Counsel for petitioner has not been able to controvert, however, submits that once the notices have been issued in the present matter by this Court, the matter may be heard on merits. Merely issuing notices is not sufficient to overlook the preliminary objections raised by the respondents and once it is indeed appealable CWP 11475/2008 [2] order under the Act of 1976, it has to be ordinarily availed by the petitioner. Nothing is on record by which this Court can infer that the remedy of appeal available to him under the Act, 1976 is either not effective or efficacious in absence whereof this Court is of the considered opinion that once the remedy of appeal is available to the petitioner under the statute, the same has to be availed and the petitioner has directly approached to this Court under Article 226 of the Constitution of India. Consequently, the writ petition is dismissed. However, the petitioner is at liberty to avail the remedy available to him under law. Interim order passed by this Court also stands vacated. [AJAY RASTOGI], J. Raghu/11475-CW-2008--final.doc