CW 14622/10 //1// (Transfer Tribunal) In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.14622/2010 Vinayak Sharma Versus State & Ors. (alongwith cognate cases as per Schedule appended) Date of Order ::: 01/11/2010 Hon'ble Mr. Justice Ajay Rastogi For Petitioners : Sarva Shri V.K. Mathur, Deshraj Kalwania, Pradeep Mathur, C.S. Katara, Dharmendra Agarwal, Bharat Yadav, Y.K. Sharma, Santosh Kr. Jain, Dr. Vikram Singh Nain, Vikrant Gupta, Dinesh Pathak, Pankaj Sankhala, Abdul Rahim Khan, Arvind Sharma, Anil Yadav, D.P. Sharma, Jitendra Pandey, Abdul Wahid Naqvi, Dileep Sinsinwar, N.C. Choudhary, Sandeep Saxena, Asgar Khan, Tanveer Ahmed, Sudarshan Laddha, BBL Sharma, . Counsel for petitioners jointly submit that petitioners have been transferred under the order impugned issued by the State Government and against such impugned transfers appeals have been preferred before the Service Appellate Tribunal but looking to the huge pendency of the cases, the remedy provided under the Act of 1976 for filing appeals before the Service Appellate Tribunal becomes ineffective if not been heard at least for admission, in absence whereof he has been deprived of making submissions for grant of interim order in the appropriate cases and since appeals could not have been heard the department may also take punitive action against him on account of alleged non- CW 14622/10 //2// (Transfer Tribunal) compliance of the order impugned whereby he has been transferred by the Government. It has also been informed to this Court that more than 1400 appeals are pending before the Service Appellate Tribunal waiting for their turn and only 60 matters are being taken up in a day for admission and looking to the over all pendency there is no likelihood of the appeals being considered for admission at least within a month or so and that certainly deprives the petitioners of their legitimate right of hearing of the appeals preferred. Counsel placed before this Court the order dt.29.10.2010 passed by the Coordinate Bench in CWP-14433/2010 and in other connected petitions whereby interim order has been granted to individual petitioner without going into merits of the matter with a direction to the Tribunal for hearing the appeal on merits. Taking note of the order referred to supra, this Court granted opportunity to the counsel for petitioner to make submissions on merits in regard to the order of transfer which is impugned before the Service Appellate Tribunal but none of the lawyer has shown his inclination to argue the case on merits and CW 14622/10 //3// (Transfer Tribunal) since individual merit of the matter has not been examined by this Court, in absence whereof, this Court is of the opinion that the petitioners are not entitled to seek any interim relief at least from this Court unless being heard on merits but at the same time this Court finds substance in the submission made by the counsel that once the appeal has been preferred they are always under the belief that it will be heard expeditiously and and their right of appeal being preferred will be adjudicated judiciously by the Service Appellate Tribunal constituted for the purpose under the Act of 1976 and in these circumstances this Court considers it appropriate to direct the Service Appellate Tribunal to hear all appeals relating to transfer matters for admission on day to day basis since urgent hearing is required. It is made clear that this Court has not examined the individual grievance of petitioner in regard to his transfer in accordance with law and this Court makes further clear that the learned Tribunal may not be influenced by the observations if made in the present order. With these directions/observations, all these writ petitions stand disposed of. CW 14622/10 //4// (Transfer Tribunal) Copy of this order may also be sent to Service Appellate Tribunal for necessary compliance. (Ajay Rastogi),J VS Shekhawat/p4/ 14622CW2010Nov01TransTrbnl-Schdl.doc CW 14622/10 //5// (Transfer Tribunal) Schedule to Judgment dt.01/11/2010 in CWP-14622/2010 & Cognate cases *** S.No. CWP/Stay Pet.Nos. / Name of Petitioners/ Versus 1. 14622/2010 (7271/10) Vinayak Sharma Versus State & Ors 2. 14623/2010 (7272/10) Gulab Chand Versus State & Anr 3. 14625/2010 (7274/10) Bhavna Mathur Versus State & Anr 4. 14637/2010 (7286/10) Mohan Lal Versus State & Ors 5. 14638/2010 (7287/10) Sher Singh Versus State & Ors 6. 14639/2010 (7289/10) Prem Singh Versus State & Ors 7. 14649/2010 (7296/10) Mahendra Singh Versus State & Anr 8. 14650/2010 (7297/10) Hafiz Khan Versus State & Ors 9. 14652/2010 (7299/10) Smt. Sunita Choudhary Versus State & Ors 10. 14655/2010 (7302/10) Chhaju Ram Versus State & Ors 11. 14663/2010 (7310/10) Mukesh Bandhu Versus State & Ors 12. 14667/2010 (7313/10) Vijay Singh Versus State & Ors 13. 14696/2010 (7340/10) Gulab Chand Versus State & Ors 14. 14699/2010 (7343/10) Murlidhar Sharma Versus State & Anr 15. 14724/2010 (7366/10) Tikam Singh Versus State & Ors 16. 14730/2010(7374/10) Dinesh Bandhu Versus State & Ors 17. 14769/2010(7404/10) Kailash Chand Yadav Versus State & Ors 18. 14786/2010(7429/10) Gordhan Lal Versus State & Ors 19. 14804/2010(7442/10) Jai Pal Singh Versus State & Anr 20. 14694/2010(7338/10) Ashok Mehta Versus State & Ors 21. 14728/2010(7372/10) Sita Ram Versus State & Ors 22. 14734/2010(7378/10) Safik Ahmed Versus DIR. Ele. Edu. & Ors 23. 14797/2010(7437/10) Ramu Lal Versus DIR. Sec. Edu. & Ors 24. 14727/2010(7371/10) Smt. Rashmi Versus State & Ors 25. 14779/2010(7420/10) Smt. Chanchal Bala Versus State & Ors 26. 14721/2010(7363/10) Wahid Ali Sayeed Versus State & Anr. 27. 14723/2010(7365/10) Dev Karan Versus State & Ors 28. 14751/2010(7391/10) Mukut Bihari Versus State & Ors (Ajay Rastogi), J. VS Shekhawat/p5/ 14622CW2010Nov01TransTrbnl-Schdl.doc