1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. ... S.B. CIVIL WRIT PETITION NO.4492/2005 Sahidad Khan Versus The State of Rajasthan and ors. Date of Order : 29.7.2005 PRESENT HON'BLE MR. JUSTICE R.P. VYAS Mr. C.P. Trivedi, for the petitioner/s ... The present writ petition under Article 226 of the constitution of India has been filed by the petitioner with a prayer that the impugned order of transfer dtd. 11.7.2005 (Annex.-2) may be quashed and set aside qua the petitioner. The learned counsel for the petitioner submits that vide order dated 11.7.2005 (Annex.-2) he has been transferred from Shiv to Sum. The main contention of the learned counsel for the petitioner is that the petitioner has been subjected to 2 transfer with mala-fide intention and ulterior motive just in order to satisfy the whims of the political workers. There is no complaint against the petitioner nor the petitioner has been transferred in administrative exigency. Even the services of the petitioner have been appreciated by the Pradhan of the Panchayat Samiti, Shiv. It has further been contended by the learned counsel for the petitioner that seniority list of Gram Sewak is maintained district wise and if he is transferred out of district, he will lose his seniority. Further more before his transfer consent of District Establishment Committee has not been taken which is violative of Rule 290 of the Panchayati Raj Rules, 1996. During the course of argument, it has been requested by the learned counsel for the petitioner that the competent authority be directed to consider the representation of the petitioner. Since the request of the petitioner is only for consideration of the representation, therefore, the instant petition is disposed of at this stage by giving a direction to the competent authority to consider the representation of the petitioner in accordance with law only. 3 Thus, this writ petition filed by the petitioner is disposed of in the manner that the petitioner is directed to file a fresh representation within a period of one week from today and the competent authority is directed to consider and decide the same either way in accordance with law within a period of 15 days from the date of receipt of the said representation. If it is found that the petitioner is entitled for any relief in accordance with law, then the same may be given to the petitioner and if the petitioner is not found entitled to the relief sought for, then a reasoned and speaking order strictly in accordance with law may be passed. Meanwhile, the effect and operation of the order dated 11.7.2005 (Annex.-2) qua the petitioner, shall remain stayed, till the decision of the representation filed by the petitioner. (R.P.VYAS)J. Rm/