AYUB KHAN Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) BY way of the instant writ petition, the Petitioner has challenged the order dated 29.12.2010, whereby the Petitioner has been transferred from Bakani to Ghatol; order dated 19.1.2011 passed by the Rajasthan Civil Services Appellate Tribunal, Jaipur (here -in -after to be referred to as 'Tribunal); and the order dated 23.3.2011, whereby the representation given by the Petitioner in pursuance of the order of the Tribunal, has been rejected.

(2.) HAVING heard the learned Counsel for the Petitioner, it is noticed that albeit vide order dated 29.12.2010, the Petitioner was transferred from Bakani to Ghatol, but since no TA and joining time was allowed to him, he preferred an appeal before the Tribunal. The learned Tribunal placed reliance upon the judgments rendered by Hon'ble Apex Court reported in, 2006 (9) SCC 583, and State of Madhya Pradesh v. S.S. Kaurav reported in, 1995 (3) SCC 1056 and disposed of the appeal as well as the stay application with the direction to the Petitioner to submit a representation before the Respondent -Department and the Respondent -Department was in -turn directed to decide the representation. In pursuance of the directions of the learned Tribunal, the Petitioner is found to have filed a representation and the Department is also found to have considered the same. The Department vide order dated 23.3.2011, having considered all the facts and circumstances of the case, decided the representation of the Petitioner.

(3.) LEARNED Counsel for the Petitioner placed reliance upon the judgment of this Court rendered in the case of Bhagwan Das Mittal and 207 Anr. v. State of Rajasthan and Ors. reported in, 2007 (2) WLC (Raj.) 775; and the judgment rendered by Principal Seat at Jodhpur in the case of Champa Lal Parihar v. State of Rajasthan and Ors. reported in, 2006 (1) WLC (Raj.) 212 and contended that in the light of the aforesaid judgments, the impugned orders deserve to be set -aside.