CW 68/10 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.68/2010 Rajendra Kr. Bhardwaj Versus Director, Secondary Edu. Bikaner & Ors Date of Order : 08/01/10 Hon'ble Mr. Justice Ajay Rastogi Mr. Banwari Sharma, for petitioner Petitioner while working as Principal was earlier transferred vide order dt.14/10/09 (Ann.2) from Govt. Sr. Secondary School, Bandi Kui (Dausa) to Garh-Himmat Singh (Dausa), which appears to have been cancelled on his representation vide order dt.22/10/09 (Ann.4) – as a follow up action whereof, an order was passed on 23/10/09 transferring the incumbent (Kailash C. Gupta) to Govt. Sr. Secondary School Garh-Himmat Singh, against which afore- incumbent who was transferred vice petitioner preferred appeal-1600/2009 before the service appellate Tribunal, wherein petitioner herein also entered into a caveat but was not given opportunity to file reply. However, at the stage of admission, learned Tribunal disposed of appeal vide order dt.01/12/09 directing the afore-incumbent (Kailash C.Gupta) to file representation pointing out personal difficulty which he was going to face; however, the Tribunal stayed operation of order dt.23/10/09 (Ann.6) till disposal of representation. CW 68/10 //2// Counsel submits that under the garb of stay of operation of the transfer order dt. 23/10/09 till disposal of representation, respondents have withheld salary of the petitioner herein and on the basis of observations made by the Tribunal, he has reasonable apprehension of disturbing his posting which he is holding in pursuance of order dt.22/10/09 (Ann.4) whereby he was ordered to be continued at Bandikui (Dausa). However, without considering the matter on merits, in the interest of justice, this Court considers it appropriate to direct the respondents that till representation having been submitted by respondent-2 herein in pursuance of order dt.01/12/09 passed in his appeal-1600/09 by the Tribunal, petitioner should also not be disturbed from his posting which he is holding in pursuance of order dt. 22/10/09 (Ann.4); and he will also be at liberty to file his representation before the authority apprising his difficulty, as well and the authority may decide the same along with respondent-2’s representation, independently without being influenced by any of observations made by learned Tribunal in its order dt. 01/12/09. With aforesaid observations, writ petition stands disposed of. (Ajay Rastogi), J. K.Khatri/p2/ 68CW2010Jn8-Ds-Rep.doc