1 S.B.CIVIL WRIT PETITION NO.4866/2007 Dinesh Bhatnagar Vs. State of Rajasthan & Ors. Date of Order :: 15.3.2011 HON'BLE MR. JUSTICE GOVIND MATHUR Dr. P.S. Bhati, for the petitioner/s. Mr. I.S. Pareek, Addl. Govt. Counsel. ... By the order dated 28.7.2007, the petitioner was transferred from the office of Assistant Director (Prosecution), Udaipur to the office of Assistant Director (Prosecution), Nagaur. Being aggrieved by the same, this petition for writ is preferred. This Court vide order dated 10.8.2007 directed the respondents as an interim measure that “if the petitioner has not been relieved and other persons has not joined on the transferred post, the petitioner shall not be relieved and shall be allowed to continue to hold the post as he was holding before 28.7.2007.” By an another order dated 8.1.2008, this Court directed the respondent to permit the petitioner to continue as Office Assistant in the office of Assistant Director (Prosecution), Udaipur till further orders. In pursuant to the interim order aforesaid, the petitioner is yet working in the office of the Assistant Director (Prosecution), Udaipur. As per learned counsel for the petitioner, the respondents have neither given salary to the petitioner for the period 2 commencing from 1.8.2007 to 9.1.2008 nor they have released annual grade increments to the petitioner since 2007. It is also stated that the bonus as accrued has also not been given to the petitioner. Learned counsel for the respondents states that he is not aware about the facts stated by learned counsel for the petitioner regarding non-payment of salary and non-release of increments, however, he admits that the petitioner is presently working in the office of Assistant Director (Prosecution), Udaipur. Having considered all the facts and circumstances of the case and looking to the fact that the order of transfer was passed much back in the month of July, 2007, I deem it appropriate to quash the same qua petitioner as the administrative exigency, if any, then existing may not be existing now. The petition for writ, therefore, is disposed of by quashing the order dated 28.7.2007 to the extent it relates to the petitioner. The issue regarding the non-payment of salary, bonus and release of annual increments shall be considered and decided by the Director Prosecution within a period of one month from today. (GOVIND MATHUR), J. rm/