1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.12949/2010 Ratan Lal Verma Vs. State & Ors. Date of order : 19/11/2010. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Manish Sharma for the petitioner. ****** The grievance of the petitioner, who is Physical Education Instructor, is that he has been transferred from Kekri, Ajmer to Shree Nagar in Distt. Ajmer on an unfounded assumption that he requested for his transfer. On that basis, he has been denied the benefit of T.A. and D.A. whereas the distance between the two place is more than 100 kms. He approached the Rajasthan Civil Services Appellate Tribunal. The Tribunal by order dated 20.8.2010 while deciding the appeal of the petitioner, directed the respondents to dispose of his representation within two months and further directed that the transfer order dated 28.7.2010 shall remain stayed qua the petitioner. When the petitioner went to join at Kekri, he was not allowed to join and he was informed that the guidelines have been sought from the higher authorities. It is contended that for this period of two months, the petitioner could not be denied the benefit of salary because he offered to join, but he was not allowed to join. 2 Having regard to the nature of the controversy, I find that the petitioner ought not to be denied the benefit of T.A., D.A. even if it is found that he never requested for transfer and the assumption of the respondents that it was his request on the basis of which, transfer order is passed, was incorrect. Furthermore, if it is found that there was no request of transfer by the petitioner and yet the respondents transferred him without any such request, the Tribunal's order to continue him at the old place at Kekri for two months should have been complied with. The petitioner made representation on 27.8.2010 and therefore he should have been continued in the same place for September and October, 2010 and if he has not been continued, he cannot be denied the benefits of salary and fulfillment for that purpose. In the circumstances, this writ petition is disposed of requiring the petitioner to report for duty at Shree Nagar, Ajmer and the respondents are directed to pay to the petitioner T.A., D.A. and salary for the aforesaid period of two months for which he offered to join but was not allowed to join on one or the other pretext. The writ petition is accordingly disposed of. (MOHAMMAD RAFIQ), J. RS/-