SBCWP NO.2534/09. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.2534/2009. Mahendra Singh Vs. State of Rajasthan & Ors. Date of order:- July 7, 2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Virendra Lodha for the petitioner. Shri R.N. Mathur for respondent No.4. ***** BY THE COURT:- This writ petition has been filed challenging the order dated 25/2/2009 by which petitioner was transferred as Secretary Krishi Upaj Mandi Samiti Khedli to Krishi Upaj Mandi Samiti Dausa as Secretary. 2) Shri Virendra Lodha, learned counsel for the petitioner has argued that petitioner was transferred to Krishi Upaj Mandi Samiti Khedli only on 28/6/2008 and within eight months thereafter, he was again disturbed. Learned counsel submitted that the transfer order is SBCWP NO.2534/09. 2 liable to be quashed on the ground that petitioner's retirement is fast approaching on 31/10/2009 and now only four months are left to approach his date of retirement. 3) Learned counsel for the petitioner also sought to rely on some judgments of Apex Court on the question that a government servant whose retirement is fast approaching, should not be disturbed. 4) Shri R.N. Mathur, learned counsel for respondent No.4 submitted that interim order was passed by this Court on 6/3/2009 and respondent No.4 had joined at Khedli before that. It is submitted that because of the interim order, respondent No.4 was given additional charge of Secretary Krishi Upaj Mandi Samiti Bayana and Secretary Krishi Upaj Mandi Samiti Deeg. Even then, order of transfer of respondent No.4 still survive and would be subject to outcome of the writ petition. 5) Having regard to the facts of the case, instead of adjudicating upon the validity or otherwise of the impugned order of transfer, I deem it appropriate to relegate the petitioner to the Director-cum-Secretary Agriculture Marketing, Government of Rajasthan to whom he shall make representation raising all those arguments which he has raised before this Court. Director-cum- Secretary Agriculture Marketing, Government of SBCWP NO.2534/09. 3 Rajasthan shall consider and decide such representation keeping in view the submissions made by the petitioner and pass appropriate order keeping in view date of retirement of the petitioner either continuing his posting at Khedli or posting him elsewhere, within two weeks. Till such order is passed, interim order passed by this Court on 6/3/2009 shall continue. With the above direction, the writ petition is disposed of. (MOHAMMAD RAFIQ), J. anil