1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.2690/97 Raj Kumar & Anr. vs. State & Anr. Date of order : 2/2/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Rajveer Sharma for the petitioner. Shri Pradeep Kalwania, Addl. Govt. Counsel for the respondents. ****** This writ petition has been filed at the instance of two petitioners namely Raj Kumar and Brijesh Kumar Sharma for claiming promotion on the post of L.D.C. on the ground that their juniors were promoted. Reference was made to the case of Parvat Singh and Narpat Singh. Contention of learned counsel for the petitioners is that though these persons were shown at S.No.55 and 59 in the seniority list dated 25.1.1996 of Class IV employees issued by the Commissioner, Devasthan Department, Udaipur and while the petitioners were at S.No.38 & 39, yet the juniors were granted promotion. Learned counsel in this connection invited attention of the Court on the promotion orders of those persons dated 11.10.2002. Shri Pradeep Kalwania, the learned 2 Additional Government Counsel submitted that promotions were granted to Parvat Singh and Narpat Singh in compliance of the judgement of this Court when their reference was allowed and the special appeal was dismissed. Learned counsel invited attention of the objection raised by the respondents in their counter reply that when the promotion were granted to Parvat Singh and Narpat Singh, the petitioner approached the Rajasthan Civil Services Appellate Tribunal by filing appeal Nos.3106/02 and 3118/02, in which those two persons were impleaded as party. This fact has not been disclosed by the petitioners to this Court. A copy of memo of appeal has also been submitted for perusal of the Court. From perusal of the memo of appeal, it does appear that the petitioners have indeed prayed for the same relief before the Tribunal, which they have prayed in the writ petition. This writ petition therefore cannot be entertained in any manner. If the petitioners feel aggrieved by the judgement of the Tribunal, that may be rendered in the appeals filed before the Tribunal, they 3 would be at liberty to challenge the same in writ of certiorari. The writ petition is accordingly disposed of. (MOHAMMAD RAFIQ), J. RS/