1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B.CIVIL REVIEW PETITION No.125/2008. IN S.B. CIVIL WRIT PETITION No.5463/2007. : : State of Rajasthan Vs. Asha Kalra & Anr. : : Date of Order 22.8.2008 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Ms.Sudesh Kasana, Dy.Govt.Counsel for the State. This review petition has been filed with the prayer that the order dated 5.3.2008 passed by this Court may be reviewed and the writ petition be decided on merits because it was dismissed as having become infructous. In the writ petition, the petitioner has challenged the order of her transfer dated 7.7.2007. The operation of the transfer order was stayed by this Court vide order dated 26.7.2007 and the respondents thereafter passed the consequential order on 30.7.2007 allowing the petitioner to join back. Ms.Sudesh Kasana, learned Dy.Govt. Counsel has argued that in fact the order dated 30.7.2007 was not fresh order of transfer or re-posting the petitioner at the place but 2 it was in compliance of the stay order dated 26.7.2007. The writ petition was, therefore, wrongly dismissed as infructous. The order dated 5.3.2008 specifically indicates that the learned Addl.Govt.Counsel representing the State made a statement that if the petitioner is not pressing this writ petition on the ground that it has become infructous, he has no objection if its disposed. In view of the said statement made by learned Addl.Govt.Counsel, filing of the review petition by the State cannot be appreciated. In any case, the order of transfer was passed way back on 7.7.2007 and more than a year has gone since by then. It goes without saying that, if any fresh administrative exigency arises the employer always at liberty to pass fresh order of transfer but the review petition cannot be entertained because there is no error apparent on the face of record evident from the judgment. The review petition stands dismissed accordingly. (MOHAMMAD RAFIQ)J. A.Arora/-