1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.3982/2004 (Hazari Lal Vs. State & Ors.) Date of order : 17.04.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. M. Bishnoi on behalf of Mr. Rakesh Arora, for the petitioner. Heard learned counsel for the petitioner. In this case, the petitioner has made a prayer for quashing the order dated 245.4.2003 (Annexure-1) whereby the petitioner was transferred from Municipal Council, Mount Abu to Municipal Council, Udaipur, so also the order dated 6.8.2003 (Annexure-16) whereby an amendment was made in the order dated 25.4.2003 and the petitioner was transferred in place of Municipal Council, Udaipur to Municipal Council, Bharatpur. 2 The contention of the petitioner is that in between this period, he was not allowed to join at Municipal Council, Udaipur, Municipal Council, Mount Abu and Municipal Council, Bharatpur on the post of Revenue Inspector. Ultimately, after filing of this writ petition, he was allowed to join at Municipal Council, Mount Abu on 30.9.2004. The contention of the petitioner is that there was no negligence on the part of the petitioner as he has reported on duty at Udaipur and Bharatpur so also he was ready to comply the order of transfer but first of all he was not allowed to join duties at Udaipur, thereafter, when an corrigendum was issued for transferring him at Municipal Council, Bharatpur instead of Municipal Council, Udaipur, then too, petitioner was not allowed to join at Bharatpur also. The petitioner's contention is that till today for the period commencing from 26.5.2003 to 30.9.2004, the date on which he was allowed to join at Municipal Council, Mount Abu, his services are not regularized nor any salary has been paid. The contention of the petitioner is that he made all his efforts for joining duties at Udaipur and Bharatpur in pursuance of transfer orders but he was not allowed to join and ultimately after filing writ petition, he was allowed to join duties at Mount Abu. In these circumstances, it is prayed that the respondents may 3 be directed to pay the salary to the petitioner and regularize his services for the aforesaid period. This writ petition is pending since 2004 and no reply has been filed by the respondents. Whether petitioner did not comply with the transfer order or the respondents are responsible for not allowing petitioner to join the duties are disputed questions of fact which cannot be decided in the writ petition under Article 226 of the Constitution of India. Therefore, I am not inclined to interfere in this writ petition. However, I deem it just and proper to grant liberty to the petitioner to file representation to the Secretary, Local Self Government, Jaipur within a period of six weeks from today. Upon filing the said representation, the concerned authority shall first made enquiry from Municipal Board, Mount Abu, Udaipur and Bharatpur with regard to the fact whether petitioner was not allowed to join duties or not and thereafter decide the representation of the petitioner with regard to grant of salary for the period w.e.f. 26.5.2003 to 30.9.2004 after considering the contentions raised by the petitioner in the representation, by way of speaking order after providing opportunity of hearing to the petitioner. The representation of the petitioner may be decided 4 within a period of two months' from the date of filing the representation. It is made clear that if any adverse order will be passed against the petitioner on his representation, the petitioner will be at liberty to file fresh writ petition before this Court. With the aforesaid observation/direction, the writ petition is disposed of. (GOPAL KRISHAN VYAS), J. arun