1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.7005/2009 Devendra Kumar Sharma vs. State & Ors. Date of order : 10/5/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Abdul Hanif for the petitioner. ****** Petitioner has approached this Court with the prayer that the respondents be directed to review the consideration of promotion on the post of Deputy Director (Training) against the vacancies of the year 2003-04 in view of their Circular dated 26.7.2006, wherein it has been provided that the penalty of stoppage of one grade increment without cumulative effect would not be a bar for promotion. Already petitioner has approached the Rajasthan Civil Services Appellate Tribunal aggrieved by his non-promotion against the vacancies of the year 2003-04. There was absolutely no occasion for the petitioner to directly approach this Court, in spite of pendency of his appeal before the Tribunal. The Circular which is on record also merely states that in cases where the penalty is that of stoppage of one grade increment 2 without cumulative effect, it would have the effect of delaying the promotion by one year. All that would depend on the criteria of promotion which according to the petitioner was seniority-cum-merit and these issues shall be decided by the Tribunal in the pending appeal. This Court cannot preempt the issue when appeal filed on the basis of same cause of action is still pending before the Tribunal. The writ petition is dismissed as not maintainable, however, with liberty to the petitioner to pursue his appeal. (MOHAMMAD RAFIQ), J. RS/