RAJENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN the instant petition, is has been prayed by the petitioner that by an appropriate writ, order or direction, the impugned order dated 25. 5. 2005 (Annexure 5), passed by the State Government may be declared illegal and quashed and the respondents may be directed to continue the petitioner at Jodhpur Division on the post of Lower Division Clerk (LDC ). It has also been prayed by the petitioner that Shri Poona Ram Vishnoi - Respondent No. 4 may be restrained to take charge against petitioner, in pursuance of the order dated 25. 5. 2005 (Annexure 5 ).

(2.) BRIEF fact, giving rise to the instant petition, are that vide order dated 10. 07. 2004 (Annexure 1), the petitioner, while he was discharging the duties at Jodhpur Division, was transferred to Sanchore. He joined the services at Sanchore on 24. 07. 2004. Thereafter, in the month of August, 2004, the petitioner made a representation (Annexure 2), for cancellation of his transfer order, citing the grounds of his ailment and for looking after his old father. Then, considering the representation of the petitioner, he was transferred back to jodhpur Division vide order dated 30. 09. 2004 (Annexure 3) and the person who was posted against the petitioner, i. e. , Respondent No. 4 Shri Poona Ram Vishnoi, was retransferred to Sanchore.

(3.) RESPONDENT No. 4 - Shri Poona Ram Vishnoi, being aggrieved by the order dated 30. 9. 2004, preferred Appeal No. 1934/2004 before the Tribunal, in which an ad-interim stay, order was granted, subject to the condition that it is the obligatory on the part Shri Poona Ram Vishnoi (appellant before the tribunal and respondent No. 4 before this Court) to serve the notice on respondent No. 1 within the stipulated period of three weeks, failing which the ad-interim order, so granted, will automatically come to an end and will have no effect. It appears that the petitioner was continuing on the same post at Jodhpur and was assigned the duties of survey etc. by the Commissioner, Nagar Nigam, Jodhpur, as is evident from the attendance certificate (Annexure 4 ).