S.B. CIVIL WRIT PETITION NO.10926/2009 Bhanwar Lal Kadlava vs State of Rajasthan & Ors. DATE OF ORDER : 4.1.2010 HON'BLE MR. PRAKASH TATIA,J. Mr.PS Bhati,for the petitioner. <><><> Heard learned counsel for the petitioner. The petitioner being Class IV employee has grievance that his case has not been considered for promotion to the higher post. However, in the writ petition itself, the petitioner admitted that provisional seniority list was published on 11.8.2006, however, in the synopsis it has been mentioned as final seniority list and in said seniority list, the petitioner's name is shown below junior to him. The petitioner's contention is that in fact he is the only eligible candidate for promotion but he came to know that he has not been given promotion. In view of the facts stated above wherein the petitioner disputed the assignment of his initial date of appointment and is challenging his place in the seniority list and challenging the promotion of other party which is dependent on determination of facts, therefore, the proper remedy is not by way of filing the writ petition and the petitioner prayer for challenge to the provisional seniority list directly cannot be entertained by this Court under Article 226 of the Constitution of India in view of the availability of alternative remedy. Therefore, the writ petition of the petitioner is dismissed. However, the petitioner will be free to avail the alternative remedy. (PRAKASH TATIA),J. cpgoyal/-