1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R Smt. Seema Vs. State of Rajasthan & Ors. S.B.CIVIL WRIT PETITION NO. 1974/2005 DATE OF ORDER : 17.5.2007 PRESENT HON'BLE MR.JUSTICE H.R.PANWAR Mr. Anil Vyas, for the petitioner. Mr. B.L.Tiwari, Dy.G.A. BY THE COURT: By the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks a direction to the respondents to execute the order Annex.6 dated 18.1.2005 and seeks quashing of order Annexure-3 dt. 25.09.2004. I have heard learned counsel for the parties. The petitioner, a class IV employee, was transferred vide Annex.3 dated 25.9.2004 from Municipality, Nokha to Municipality Chomu. The name of the petitioner finds place at serial No. 69 in the transfer order Annex.3. The petitioner challenged the order Annex.3 dated 25.9.2004 transferring her from Municipality, 2 Nokha to Municipality Chomu by way of a writ petition being S.B.Civil Writ Petition No. 4535/04 which came to be disposed of by order dated 13.10.2004 directing the petitioner to file a fresh representation to respondent No.3 and the respondent No.3 was directed to consider and decide the same either way in accordance with law. The petitioner filed representation in pursuance of the order dated 13.10.2004 passed in the earlier writ petition referred above. By order Annex.6 dated 18.1.2005 the respondent No.3 Director, Local Bodies, Jaipur transferred the petitioner to Municipality, Shahpura with a direction that the Municipality, Shahpura will make the payment of salary and other allowances to the petitioner from the date of her relieving from Municipality Nokha to the date of joining at Municipality, Shahpura. The petitioner in compliance of the order Annex.6 dated 18.1.2005 reported to give joining report at Municipality, Shahpura. Vide order Annex.7 dated 3.2.2005, the Municipality, Shahpura did not allow the petitioner to join on the ground of financial constraints. Hence this writ petition. By order dated 8.4.2005 this Court stayed the effect and operation of the order Annexure-7 dated 3.2.2005 and directed the Municipal Board, Shahpura to permit the petitioner to join the duties on the post of Class IV employee. In compliance of the directions of this Court vide order dated 8.4.2005, the petitioner has been continuing at Municipality Shahpura for more than two 3 years. In my view, since the petitioner has been continuing at Municipality, Shahpura in compliance of the transfer order dated 18.1.2005, no useful purpose will be served in allowing the order impugned Annex.7 to stand after such a long time as the order Annex.6 dated 18.1.2005 has already been executed in compliance of the order of this Court dated 8.4.2005. The order Annex.6 supercedes the order Annex.3 dated 25.9.2004 and therefore, there is no necessity to quash such order which has already been superceded by a subsequent order Annex.6 dated 18.1.2005 and the order Annex.6 stands executed in compliance of order of this Court dated 8.4.2005. In this view of the matter, the writ petition is allowed. The order impugned Annex.7 dated 3.2.2005 is set aside. However, it is made clear that it is open for the respondents to pass a fresh order if service exigency so requires. Stay petition stands disposed of. There shall be no order as costs. [H.R.PANWAR],J. rp.