1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER D.B. Civil Special Appeal (Writ) No.1558/2008 D.B. Civil Misc. Stay Application No.2060/2008 (Gopal Ram Sharma Versus State of Rajasthan & Others) Date of Order :: 4th May, 2009 PRESENT HON'BLE THE CHIEF JUSTICE SHRI DEEPAK VERMA HON'BLE SHRI JUSTICE NARENDRA KUMAR JAIN Shri Anil Upman for the appellant Shri S.D. Khaspuria, Additional Government Counsel for the respondents no. 1 Mr. Ashok Bansal for the respondent no.2 BY THE COURT: With consent, arguments heard. 2. Feeling aggrieved by the order of transfer dated 28.6.2008 on the post of Ayurved Chikitsak from Jaipur to Sikar, the appellant herein was constrained to approach the Rajasthan Civil Services Appellate Tribunal. Since no relief could be granted to him, for the reasons assigned by the said Tribunal, he was further constrained to file a writ petition challenging the order of transfer as also the order passed by the Tribunal. However, still there was no success for the appellant even before the learned Single Judge, hence this appeal. 3. It has been recorded by the learned Single Judge that appellant has already completed a tenure 2 of four years at Jaipur and, therefore, he had no vested right to continue on the said post at Jaipur only. 4. It is also to be noted that he has been transferred only 150 kms. away from Jaipur at Sikar and both the places are well connected with each other. 5. Learned counsel for the appellant contended that few years back, appellant had met with a road accident and thereby he has incapacitated. It was also contended that looking to the nature of injury sustained by him, he is presently taking treatment in SMS Hospital at Jaipur. His dislocation from Jaipur is likely to cause severe blow to his health and, therefore, he should have been directed to be continued at Jaipur. It was then submitted before us that appellant has only 9 months to retire, therefore, looking to the policy, that is in force, issued by State, he should not have ordinarily been transferred at the fag end of his career. Lastly, it was contended that one post of Ayurved Chikitsak at the Government Ayurvedic Hospital, Pratap Nagar, Jaipur is lying vacant, where the appellant can be adjusted. 6. Learned counsel appearing for the 3 respondent no.2 informed that pursuance to his order of transfer, he has already joined on 27th June, 2008 as there was no interim order of stay, when he had joined at the new place of posting. 7. Be that as it may, looking to the facts and features of the case, we are of the opinion that there is no merit or substance in this appeal. It is, accordingly, hereby dismissed. 8. However, liberty is granted to the appellant to move fresh representation before the respondent no.1 within a period of seven days hereof bringing all aforesaid facts before its notice. On such representation being filed, the respondent no.1 would consider the same sympathetically and would pass a reasoned order under intimation to the appellant at an early date. 9. In the light of the aforesaid direction, the judgments cited by both the counsel are not referred to. 10. Consequent upon the dismissal of special appeal, the stay application, filed therewith, does not survive and the same also stands disposed of. (NARENDRA KUMAR JAIN),J. (DEEPAK VERMA),C.J. DK 4