S.B.CIVIL WRIT PETITION NO. 990/2007 (Naresh Chandra Mathur Vs. State of Rajasthan & ors.) Date of order : 7th January 2008 HON’BLE MR.JUSTICE DINESH MAHESHWARI Mr.Kuldeep Mathur for the petitioner. Mr.V.K.Mathur for the respondent No.3 Mr.R.Dave, Additional Government Counsel … BY THE COURT: By the impugned order dated 15.02.2007 (Annex.2) the petitioner, working on the post of Assistant Engineer was transferred from Water Resources, Sub-Division Sirohi to Water Resources, Zila Parishad, Jalore in place of the respondent No.3 Jyoti Prakash Mathur who was transferred from Jalore to Sirohi in place of the petitioner. The petitioner has challenged the said transfer order by way of this petition for writ petition essentially on the grounds that he has been subjected to frequent transfers; and has referred to the order dated 01.11.2006 whereby he was posted at Sirohi. After considering the matter for motion-admission on 26.02.2007, this Court issued notices to the respondents and stayed execution and operation of the impugned order Annexure-2 qua the petitioner. The respondent No.3 filed 1 reply contesting the writ petition and stay application; and also moved an application under Article 226 (3) of the Constitution of India (IA No.1113/2007). The said application (IA No.1113/2007) was considered by this Court on 05.07.2007 and, at request, the petitioner was permitted to make detailed representation to the respondent No.2 ventilating his grievances with regard to the transfer order and it was left for the respondent No.2 to consider and decide the representation sympathetically keeping in view the fact that there was a vacant post of Assistant Engineer at Sirohi Sub-Division and the matter was adjourned while continuing with the interim order. On 27.07.2007, it was given out before the court on behalf of the respondent No.3 that he had been accommodated in pursuance of the order dated 05.07.2007 and, therefore, he would not press on his application under Article 226 (3) of the Constitution of India; and the application was rejected as not pressed and the interim order was made absolute till final decision of the writ petition. It is now pointed out by the learned counsel appearing for the parties that the respondent No.3 has since retired and availability of vacant post at Sirohi is not in dispute. The impugned transfer order (Annexure-2) passed as back as on 26.02.2007 remains in abeyance till now and there 2 had been relevant subsequent events too. In the circumstances of the case, without going into the merits of the grounds sought to be urged by the petitioner, only in view of the circumstances noted above, it appears appropriate to annul the impugned order qua the petitioner but while leaving it open for the respondents to pass appropriate transfer/posting order of the petitioner in accordance with law as may be required in administrative exigency. Accordingly, this writ petition succeeds to the extent indicated above. The impugned transfer order dated 15.02.2007 (Annexure-2) is quashed and set aside so far it concerns the petitioner. However, the respondents are free to pass appropriate orders of transfer/posting of the petitioner in accordance with law. No costs. MK (DINESH MAHESHWARI), J. 3