CWP-6834/2007 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH *** S.B.CIVIL WRIT PETITION NO.6834/2007. Vinod Kumar Yadav Vs.State of Raj. & ors. DATE OF ORDER : 10/11/2010 HON'BLE MR. JUSTICE AJAY RASTOGI *** Mr.Amardeep Atwal, for petitioner. Mr.Ganesh Meena,GC ] Mr.Arvind Alaroo ], for respondents The matter has come up on application filed by the respondents under Article 226(3) of the Constitution of India for vacation of the ex- parte stay order passed by the Court on 03/09/2007. The petitioner, after serving as Lecturer (English) in Government Sanskrit P.G. College, Bikaner for 5 years, was transferred vide order dated 27/07/2007 for administrative reasons to Government Sanskrit College, Neem Ka Thana (Sikar) against which he preferred appeal before the Service Appellate Tribunal which was dismissed against which he approached this Court by filing instant petition. The main thrust of the submission of counsel before the Service Appellate Tribunal and so also this Court is that the respondent no.4-Mrs.Shali, being a Senior Teacher, could not have been transferred vice petitioner. The submission made appears to be factually incorrect. The respondent No.4-Smt.Shali is also working as Lecturer (English). However, by CWP-6834/2007 2 subsquent order dt. 18/09/2009, she has been transferred to Government Sanskrit College, Neem Ka Thana (Sikar) against vacant post and not vice the petitioner. After passing of more than three years, at the time of filing the instant petition, the final order of the Service Appellate Tribunal was not enclosed on the premise that certified copy was not made available to the petitioner but even after three years, the same excuse has been made before this Court that time may be granted to submit the order of the Service Appellate Tribunal rejecting appeal preferred by him. So far as the submission made with regard to merit of the matter is concerned, the same is without substance for the reason that the petitioner, after serving for six years at Bikaner, was transferred in July, 2007 to Government Sanskrit College, Neem Ka Thana (Sikar) and apart from it, despite the appeal being rejected, under the interim order of the Court, he has further served at Bikaner for three years more i.e. almost for a decade. It is not a case where the petitioner alleges any malice against the authority who has passed the order impugned or violation of any statutory rules. Even the objection, which the petitioner raised, does not survive any further on account of the order passed by the respondent on CWP-6834/2007 3 18/09/2009 transferring the respondent No.4- Smt. Shali at Government Sanskrit College, Neem Ka Thana (Sikar) from Government Sanskrit College, Bikaner not vice the petitioner. Consequently, this Court does not find any substance in the writ petition and the same is hereby dismissed. The interim order dt. 6834/2007 also stands vacated. [AJAY RASTOGI], J. Raghu/p.3/6834-CW-2007-Final.doc