CW 6095/07 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.6095/07 Chandra Bhan Versus State & Ors. DATE OF ORDER : 18/11/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Manoj Avasthi, for petitioner Mr. J.K. Agrawal, Addl. Govt. Counsel, for State *** Instant petition has been filed by petitioner assailing order by which he was transferred from Panchayat Samiti, Rajakhera to Panchayat Samiti, Dholpur vide order Ann.2 dt.30th June, 2007 and so also the order passed by Tribunal rejecting his appeal dt.6th August, 2007. Petitioner who is working as LDC earlier was transferred from Panchayat Samiti, Rajakhera to Panchayat Samiti, Dholpur – against which he preferred appeal and the operation of order of transfer was stayed by Tribunal and in compliance thereof, he was allowed to continue at Panchayat Samiti, Rajakhera. But, because of administrative exigency, he was transferred by fresh order vide order Ann.2 dt.30th June, 2007 to Panchayat CW 6095/07 [2] Samiti, Dholpur which was challenged independently by filing Appeal No.1062/07 before learned Tribunal which was dismissed on 6th August, 2007. Counsel for petitioner submits that once earlier transfer order has been stayed by Tribunal, respondents are precluded from passing fresh order even in change circumstances or administrative exigency arises. In support of his contention, counsel placed reliance on the judgment of this court in Rajendra Singh Vs. State of Rajasthan [2006 (1) WLC-486]. Respondents have filed reply to the writ petition where it has been averred that for the administrative reason, petitioner has been transferred by passing a fresh order and the dispute, which he has raised in regard to earlier transfer, was the subject matter of appeal preferred by petitioner and the order which is impugned in the instant petition. State Government after taking note of administrative reason or exigency of service, if so arises in CW 6095/07 [3] future, can always consider to pass fresh order of transfer. However, in the instant case, petitioner preferred appeal against subsequent order that has been dismissed by Tribunal and it does not call for interference. The order dt.14th July, 2005 whereby Petitioner was earlier transferred, was assailed before Tribunal and issue for consideration before Tribunal is how far the order impugned in pending Appeal No.759/05 was justified and is in consonance with the scheme of Rules. But, the State Government at a later point of time considered to transfer employee in the interest of administration or exigency of service. Pending appeal will not preclude the authority for taking fresh decision in accordance with law as considered by the Tribunal while rejecting appeal preferred by petitioner under order impugned dt.6th August, 2007. As regards judgment [supra] on which counsel for petitioner placed reliance is of no assistance in the facts of instant case. CW 6095/07 [4] Consequently, I find no force in the writ petition, the same stands dismissed. Application filed U/Art.226(3) of the Constitution also stands dismissed. [AJAY RASTOGI], J. FRBOHRA6095CW07 18-11.doc