[1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CIVIL WRIT PETITION NO. 6327/2008 DR. MANPHOOL SAINI Vs. STATE OF RAJASTHAN & ORS. Date: 13.10.2008 HON'BLE MR. JUSTICE K.S. RATHORE Mr. Hari Kishan Saini for the petitioner. Mr. H.V. Nandwana, Dy. Govt. Counsel for the State. Mr. Ajay Gupta for the respondent No.3. **** The present writ petition is directed against the transfer order dated 27.06.2008 passed by the respondent No.1. The case of the petitioner is that pursuant to the transfer order dated 21.06.2008 (Annexure-2), he was transferred from Community Health Centre, Gudamalani, District Barmer to Community Health Centre, Ajeetgarh, District Sikar at his own request vide application (Annexure-1). In compliance of the above order the petitioner joined his duties, but just after 6 days impugned order dated 27.06.2008 came to be passed, whereby the petitioner has been transferred from CHC, Ajeetgarh, District Sikar to CHC, Sankhu, District Churu. The co-ordinate Bench of this Court vide ex parte interim order dated 10.07.2008, stayed the operation of the order dated 27.06.2008 pertaining to transfer of the petitioner and pursuant to the above ex parte interim order, the petitioner is presently working at CHC, Ajeetgarh. [2] Today the matter comes up on the application under Article 226(3) of the Constitution of India for seeking vacation of the ex parte interim order dated 10.07.2008, filed on behalf of the respondent No.3 Dr. M.L. Jangir. On behalf of respondent No.3, reply to the writ petition has also been filed, wherein it is submitted that the petitioner had made a false application (Annexure-1) in which it has been contended by the petitioner that his father is an old man of about 98 years of age and he has to look after his father and at the own request of the petitioner, he has been transferred vide order dated 21.06.2008 (Annexure-2). The petitioner along with his rejoinder to the reply filed on behalf of the respondent No.3, has submitted death certificate of his father and as per the death certificate (Annexure-6), the father of the petitioner was expired on 05.06.2008 prior to passing of the transfer order. It is submitted on behalf of the petitioner that the application was made prior to death of his father but the request was accepted after death of petitioner's father and thus, he has not concealed any material fact before this Court. I have heard rival submissions of the respective parties and carefully gone through the documents annexed with the writ petition. The transfer orders are passed on the basis of the administrative exigency and the petitioner [3] has to avail the alternative efficacious remedy before the Rajasthan Civil Services Appellate Tribunal, but without availing alternative efficacious remedy the petitioner has preferred the instant writ petition and this objection has also been raised on behalf of respondent No.3. Be that as it may, since the petitioner pursuant to the ex parte interim order dated 10.07.2008 granted by this Court, is still working at CHC, Ajeetgarh whereas the respondent No.3 also claimed that he is also working at the same place, this aspect is to be examined by the respondent State not by this Court. Since the petitioner has not availed the alternative efficacious remedy, I find no merit in the writ petition and the same deserves to be dismissed. Consequently, the writ petition stands dismissed. The application under Article 226(3) of the Constitution of India stands allowed and the ex parte interim order dated 10.07.2008 granted by this Court stands rejected. However, the petitioner as well as the respondent No.3 are at liberty to represent before the State and the State is at liberty to consider the same and pass appropriate order looking to the exigency of the services. (K.S. RATHORE),J. /KKC/