VINOD KUMAR YADAV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The matter has come up on application filed by the respondents under Article 226(3) of the Constitution of India for vacation of the ex-parte stay order passed by the Court on 03/09/2007. The petitioner, after serving as Lecturer (English) in Government Sanskrit P.G. College, Bikaner for 5 years, was transferred vide order dated 27/07/2007 for administrative reasons to Government Sanskrit College, Neem Ka Thana (Sikar) against which he preferred appeal before the Service Appellate Tribunal which was dismissed against which he approached this Court by filing instant petition.

(2.) The main thrust of the submission of counsel before the Service Appellate Tribunal and so also this Court is that the respondent no.4-Mrs.Shali, being a Senior Teacher, could not have been transferred vice petitioner. The submission made appears to be factually incorrect. The respondent No.4-Smt.Shali is also working as Lecturer (English). However, by subsquent order dt. 18/09/2009, she has been transferred to Government Sanskrit College, Neem Ka Thana (Sikar) against vacant post and not vice the petitioner.

(3.) After passing of more than three years, at the time of filing the instant petition, the final order of the Service Appellate Tribunal was not enclosed on the premise that certified copy was not made available to the petitioner but even after three years, the same excuse has been made before this Court that time may be granted to submit the order of the Service Appellate Tribunal rejecting appeal preferred by him.