CW 7959/08 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.7959/08 Brij Mohan Kalla Versus Rajasthan Civil Services Appellate Tribunal & Ors. DATE OF ORDER : 20/08/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Ashok Bansal, for petitioner Mr. Ashok Gaur, for respondent No.4 *** Instant petition has been filed by petitioner assailing order of Service Tribunal dt.5th August, 2008 wherein it has been observed that appeal preferred by respondent against the order of his transfer dt.15th February, 2008 in which interim order was passed after hearing parties, is still pending adjudication and so far as handing/taking over charge is concerned, it is always for the authority to examine and is not for Tribunal to interfere in the functioning of the government. Petitioner while working as Ranger Gr.I was transferred vice respondent No.4 vide order Ann.1 dt.15th February, 2008 – against the said order respondent being aggrieved preferred appeal before Tribunal and as informed to this court after hearing the petitioner & respondent No.4, learned Tribunal stayed the operation of order Ann.1. In compliance of interim order, he was allowed to take over charge vide order dt.8th CW 7959/08 [2] April, 2008 and consequential order was passed by the respondents Ann.5 dt.10th April, 2008. The order taking over charge by respondent was challenged by petitioner before Tribunal in two separate appeals Nos.539/08 & 576/08 – both the appeals were dismissed on 5th August, 2008. Counsel for petitioner submits that he is working as Ranger Gr.I and even if respondent is allowed to continue under the interim order passed by Tribunal who is working as Gr.II, atleast he cannot be asked to work under his subordination and by passing order Ann.5 it is indirectly called upon the petitioner to work under subordination of respondent No.4 who is presently working as Ranger Gr.II, but, the Tribunal has not appreciated his grievance. It has also been informed that respondent No.4 is going to retire on 31st January, 2009 and only five months have left for attaining age of superannuation. At this juncture, when he was transferred, learned Tribunal interfered and stayed the operation of order assailed by him dt.5th February, 2008 and still his grievance will be examined after hearing parties by the Tribunal. CW 7959/08 [3] As regards submission made by counsel for petitioner as to who will take over charge and work under subordination of person who is holding the post of Ranger Gr.II, it is for the State Government to examine as to what will be the effect if two persons are working at one place holding the post of Ranger Gr.I & Gr.II and the Tribunal has not committed any error in passing order impugned, particularly, when the order of transfer is pending adjudication. No further opinion was otherwise required to be expressed by Tribunal and this court does not find any manifest error committed by Tribunal in passing order impugned which may call for interference. Consequently, the writ petition stands dismissed. [AJAY RASTOGI], J. FRBOHRA7959CW2008 20-8.doc