CW-15355/10 (1) In the High Court of Judicature for Rajasthan Jaipur Bench, Jaipur O R D E R S.B. Civil Writ Petition No.15355/2010 Latur Lal Malav Vs. State of Raj. & Ors. Date Of Order :: 29/11/2010 Hon'ble Mr. Justice Ajay Rastogi Mr. Amit Jindal, for petitioner. The petitioner who is working as a Teacher Grade-IIIrd on being transferred within District Bundi at a distance of 50 kms vide order dt.26.09.2010 approached the Service Appellate Tribunal. The learned Tribunal taking note of the submissions made was prima facie satisfied hence issued notice of appeal as well as of stay application but since was not convinced so far the other two ingredients-balance of convenience and irreparable loss in favour of the petitioner are concerned which have salient role to play, was not inclined to grant interim relief as prayed for and has called upon the Government for passing necessary orders which has been assailed in the instant petition. Counsel submits that only 1½ years period remained with the petitioner to attain the age of superannuation and this could be one of the ground which could have been CW-15355/10 (2) considered by the learned Tribunal for grant of interim relief. What has been contended by the counsel may be a reason for the learned Tribunal to call upon the State government to examine the justification which the Government intends to give after the notice being served transferring the employee whose 1½ years period remained to be served, but if the material is not available with the Tribunal and is not satisfied with the cause of irreparable loss and balance of convenience, was not inclined to grant interim relief, such exercise cannot be said to be arbitrary which may call for interference. Consequently, the petition being wholly devoid of merit is hereby dismissed. (Ajay Rastogi),J VS Shekhawat /p.2/ 15355cw10Nov29FnlDsps.doc