GHAN SHYAM SHARMA Vs. STATE AND ORS.

JUDGEMENT

(1.) COUNSEL inter -alia submits that Petitioner while serving as Teacher Gr.III on being transferred vide order dt. 26/09/2010 (Ann.1) preferred appeal -2680/2010 and submitted that there remains only one year & three months for Petitioner to attain age of superannuation and he has two unmarried daughters; in such circumstances it would be very difficult for him to join at the place of his posting on transfer under order impugned at the fag end of service tenure. Counsel submits despite the contention being finally rejected, notices have been issued in appeal while rejecting prayer for interim relief and very finding recorded under order dt. 26/10/2010 impugned herein dispose of appeal, itself and nothing remains to be examined in the appeal pendente before the Tribunal. This Court finds prima facie substance in what has been urged by Counsel.

(2.) ISSUE notice of writ & stay petition alongwith a copy of this order to Respondents as to why petition may not be finally disposed of at admission stage. Notices be given Dasti, if desired. PF & Notices be filed within 7 days, failing which stay order shall stand vacated without reference to this Court.