CW 15799/10 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.15799/2010 Mohan Lal Meena Versus State & Ors. Date of Order ::: 03/12/2010 Hon'ble Mr. Justice Ajay Rastogi Mr. Surendra Kr. Saini, for petitioner Counsel submits that petitioner joined as Block Elementary Education Officer on 21/12/2009 pursuant to order dt.11/12/2009 at Sangod (Kota) and within a span of seven days, was transferred as Head Master, Govt. Upper Primary School, Mathana (Baran) vide order dt. 18-21/12/2009 – against which he preferred appeal-28/2010 which was disposed of by learned Tribunal vide order dt.04/01/2009 directing him to make a representation within one month and order dt.18-21/12/2009 impugned was kept in abeyance till disposal of his representation. Counsel submits that petitioner submitted his representation which has not been decided so far; while at the same time, vide further order dt.19/04/2010, one Ram Bharosey Meena, Head Master has been posted at Sangod (Kota) where petitioner is working prior to order dt.18-21/12/2009 and at Mathana (Baran) where he was posted vide order dt.18-21/12/2009, one Shri Pradeep Kumar Sharma was working but on being transferred to Chhabra (Baran) vide order dt.23/10/2009, was assailed by him in Appeal No.1860/2009 – CW 15799/10 //2// operation of which has been stayed vide order dt.10/12/2009 by the learned Tribunal; in such circumstances, Counsel submits that petitioner has not been permitted to work either at Sangod or Mathana while his representation is still pending being not decided so far despite order dt. 04/01/2010. Counsel submits that since May, 2010, salary has not been paid to him and his situation became very pitiable. However, looking to the fact that appeal-1860/2009 is pending consideration before the learned Tribunal, and without going into merits, this Court considers it appropriate to direct the petitioner herein to file a misc. application in his appeal-28/2010 for seeking appropriate orders. If such an application is filed, learned Tribunal is expected to examine the same on merits and passed the order in accordance with law. At the same time, respondents are directed to make payment of salary to the petitioner since May, 2010, as alleged, being withheld without any default. With the observations (supra), writ petition stands disposed of. A copy of this order be sent to the learned Tribunal. (Ajay Rastogi), J. K.Khatri/p2/ 15799CW2010Dec3DspDir.doc