1 S.B.Civil Writ Petition No.8759/09 Ishwar Lal Dave v. The State & ors. Date of order: 4.1.2010 HON'BLE MR. PRAKASH TATIA, J. Mr. Mukesh Rajpurohit for the petitioner. Dr. G.R. Kalla, for the respondent-State. Heard learned counsel for the parties. It appears that because of interim order passed by the Rajasthan Civil Services Appellate Tribunal in respndent no.4's appeal, ;the petitioner was posted at Naradara, Sirohi. This order dated 28.10.2008 is very specific that this posting of the petitioner shall continue till stay order is vacated by the Tribunal in respondent no.4's appeal. According to the petitioner, the respondent no.4's appeal was dismissed by the Tribunal vide order dated 8.6.2009 and, therefore, the order dated 26.12.2008 posting the petitioner at Naradara, Sirohi has already come to an end and he should have been posted again in pursuance of the order dated 4.10.2009 in the school at Harijan Basti, Sirohi. The respondent could not dispute this position because of the reason that the order dated 26.12.2008 is very clear as it has been passed only to give effect to the interim order passed by the Tribunal in respondent no.4's appeal. Since the petitioner's contention is that respondent no.4 has already joined his duties to the transferred place 2 after dismissal of his appeal, therefore, the petitioner is required to be restored to the position which was prevailing before the order dated 26.12.2008. In view of the above controversy, the respondents are directed to pass the appropriate order of posting the petitioner in the school at Harijan Basti, Sirohi, if there is no other interim order obtained by respondent no.4. In view of the above, the writ petition of the petitioner is disposed of. (PRAKASH TATIA),J. mlt.