1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.5415/2010 Kailash Chand Sharma vs. Commissioner, Secondary Education & Ors. Date of order : 19/4/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Asgar Khan for the petitioner. ****** Contention of the learned counsel for the petitioner is that petitioner was ordered to be transferred from Government Senior Secondary School, Radabas to Government Senior Secondary School, Jhotwara by order dated 31.7.2007. In response to the said order, the petitioner was relieved from Radabas and he joined at Jhotwara on 4.8.2007. The respondents by order dated 31.7.2007 also transferred Smt. Kanta Sharma from Government Senior Secondary School, Bhanpur Kalan to Government Senior Secondary School, Jhotwara, who too in compliance of the said order joined the duties in the said school on 4.8.2007. In this way, two persons were posted against one post. The respondents by order dated 7.8.2007, however, cancelled transfer of the petitioner without showing any cogent 2 reason. Aggrieved thereby, petitioner approached the Rajasthan Civil Service Appellate Tribunal challenging the cancellation of his transfer because respondent no.3 Smt. Kanta Sharma had mostly stayed in the urban area during his service career, whereas petitioner was very rarely posted in urban area. Operation of the order of transfer was stayed by the Tribunal on 30.8.2007. Respondents thereafter transferred Smt. Kanta Sharma, then she also approached the Tribunal by filing another appeal, in which it was ordered that both the appeals shall be tagged together for being heard. While the Tribunal dismissed the appeal of the petitioner by impugned order dated 6.4.2010, did not decide the appeal of Smt. Kanta Sharma, which is still pending, in which interim order of stay is operating, as a result of which, she is continuing at Jhotwara, Jaipur. Having regard to the facts of the case, instead of directly entertaining the writ petition, particularly when appeal of Smt. Kanta Sharma, respondent no.3 is still pending, in which petitioner is a party, I 3 require the petitioner to make an application before the Tribunal for early hearing of the appeal of Smt. Kanta Sharma in view of its earlier order and for disposing of the appeal at the earliest. The petitioner would be at liberty to represent the government with regard to his posting and transfer in the light of the judgement so passed by the Tribunal. The writ petition is accordingly disposed of. (MOHAMMAD RAFIQ), J. RS/