1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R Smt. Batty Vargish Vs. State of Rajasthan & Ors. S.B. CIVIL WRIT PETITION NO. 1366/2007 ....... Date of Order : 06/05/2008 PRESENT HON'BLE MR. JUSTICE H.R.PANWAR Mr. Bharat Srimali for the petitioner. Mrs. R.R.Kanwar, Addl. Govt. Counsel for the respondents. Mr. Rohitash for the respondent No.6. BY THE COURT:- The matter comes up for orders on stay petition. Heard learned counsel for the parties. It appears that by order dated 18.1.2007 (Annex.4) the petitioner was transferred from Sub Health Centre, Kikawat, Rishabhdev, Udaipur to Sub Health Centre, Aadivali, Kherwada, Udaipur, however, vide order dated 8.2.2007 (Annex.5) she was allowed to continue at Sub Centre, Kikawat, Rishabhdev, Udaipur till other employee joins duty and by virtue of interim order dated 19.3.2007 the petitioner still continues at Sub-Centre, Kikawat from where she was transferred vide order Annex.4. 2 Thus, it appears that for over a period of one year after passing of the transfer order, the petitioner has been serving at the place from where she was transferred. In the circumstances, therefore, in my view, the writ petition deserves to be allowed and the order impugned Annex.7 dated 2.3.2007 deserves to be set aside with liberty to State to pass a fresh order if the service exigency so requires. In this view of the matter, the writ petition is allowed. The order impugned Annex.7 dated 2.3.2007 is set aside. However, it will be open for the respondent State to pass a fresh order of transfer in respect of the petitioner if the service exigency so requires. Stay petition also stands disposed of. (H.R.PANWAR),J. rp