CW 13486/09 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.13486/2009 Daya Krishan Barbar Versus State & Ors. Date of Order ::: 29/10/09 Hon'ble Mr. Justice Ajay Rastogi Mr. Suresh Kashyap, for petitioner Counsel submits that petitioner while working as Panchayat Prasar Adhikari has been transferred by State Government in exercise of powers U/S 89(8)(a) of Rajasthan Panchayatiraj Act vide order dt.22/10/09 (Ann.3) within Zila Parishad Kota for administrative reasons. Order impugned herein is however, appealable under Rajasthan Civil Services (Appellate Tribunal) Act, 1976, which has not been availed of by petitioner. Counsel submits that petitioner has to be surgically operated for his ailment suffering from CAD/TVD as per letter dt. 04/08/09 (Ann.1) and at this point of time, if transferred, may be on administrative reasons, it would cause prejudice/inconvenience to him while he is due to retire in November, 2010. Counsel further submits that atleast he may be permitted to make fresh representation pointing out his difficulty due to transfer impugned. CW 13486/09 //2// However, without going into merits, writ petition is hereby disposed of with the direction that if the petitioner makes a fresh representation the respondent-authority is expected to consider it sympathetically taking note of his heart ailment & due retirement; and may pass appropriate order & communicate it to him. (Ajay Rastogi), J. K.Khatri/p.2/ 13486CW09Oct29PnchSmtiTrnsRep.doc