CW 15339/09 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.15339/2009 Prakash Chand Sharma Versus Director El.Edu & Ors Date of Order : 14/12/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Akhil Simlote, for petitioner Instant petition has been filed assailing order dt.01/12/2009 (Ann.5) whereby prayer for interim relief has been rejected by the Tribunal in Appeal-1093/2009. Petitioner while working as Teacher Gr.III on promotion as Head Master in his own pay scale was posted vide order dt.09/10/2009 (Ann.1) which was assailed before Service Appellate Tribunal on various grounds. Initially notices were issued on 26/10/2009 but after examining the record, the Tribunal was not inclined to grant interim relief and vide detailed order dt.01/12/2009 (Ann.5), stay application has been rejected. However, it has been observed that as far as possible interim temporary arrangement should not continue beyond a period of six months as stipulated in the order impugned. Counsel submits that detailed order having been passed by the Tribunal while rejecting prayer for interim relief will CW 15339/09 //2// certainly prejudice the merits of pending appeal at the stage of final adjudication. Counsel further submits that there was sufficient merit in the appeal and in such circumstances, rejection of prayer for interim relief by the Tribunal in the facts of case cannot be said to be justified. Appeal is pending adjudication before the Tribunal where merits will be examined obviously after the pleadings are complete. However, as regards prayer for interim relief, learned Tribunal after examining material on record, has not found balance of convenience or irreparable loss in favour of petitioner while passing order impugned rejecting interim relief. This Court has gone through the material on record and finds no manifest error being committed warranting interference. Consequently, writ petition is hereby dismissed. However, what has been observed by the Tribunal while rejecting prayer for interim relief under order impugned will not cause any prejudice while examining the appeal on merits. (Ajay Rastogi), J. K.Khatri/p.2/ 15339CW09Dec14-DsTrnsIntRelf.doc