1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR :::: ORDER S.B. CIVIL WRIT PETITION NO.5487/2003-JAGDISH PRASAD TAK VS. STATE OF RAJASTHAN & ORS. WRIT PETITOIN UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA. DATE OF ORDER : 22th November, 2006 PRESENT HON'BLE MR.MOHAMMAD RAFIQ,J. Mr.L.R. Choudhary, Advocate for the petitioner. Mr.Rameshwar Dave, Dy. Government Advocate, for the respondents. <><><> BY THE COURT: - The petitioner has challenged the order dated 12.6.2003 whereby he has been transferred to Khunkhuna (Nagaur) to Panchu (Bikaner). This Court vide its order dated 24.9.2003 stayed the 2 operation and effect of the order Annex.5 dated 12.6.2003 Learned counsel for the parties did not dispute that pursuant to aforesaid stay order, the petitioner is still continues to work as School Lecutrer (English Literature) at Government Sr. Secondary School, Khunkhuna, District Nagur. Learned counsel for the petitioner cited two judgments of this Court in Gangaram Bishnoi Vs. State & Ors reported inWLR 1994 Raj 537 and Narpat Singh Rajpurohit VS. State of Rajasthan reported in WLR 1991 (S) Raj. 136 in which it was held by this Court that once an order of transfer has been executed and implemented it should not be cancelled although the respondents could pass fresh order of transfer transferring the employee if it was considered necessary in the exigency of administration. In the present case too, it would be appropriate to follow the same order particularly when the petitioner is still continuing as School Lecutrer (English Literature) at Government Sr. Secondary School, Khunkhuna, District Nagur. 3 Accordingly, the writ petition is allowed. The order dated 12.6.2003 is quashed and set aside. Although at the same time, it is clarified that the respondents would be at liberty to transfer the petitioner afresh if it is considered necessary to do so in the exigencies of administration. There shall be no order as to costs. (MOHAMMAD RAFIQ), J. c.p.goyal/-