Item No.19. DJ/-
SBCWP NO. 7226/2010
Mahendra Kumar Gour Vs. State of Raj. & Ors.
Order dt: 04th August, 2010
1/2
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
ORDER
S. B. Civil Writ Petition No. 7226/2010
Mahendra Kumar Gour Vs. State of Raj. & Ors.
DATE OF ORDER ::: 04th August, 2010
PRESENT
HON'BLE DR. JUSTICE VINEET KOTHARI
Mr. Pramendra Bohra, for the petitioner.
—
1. Heard learned counsel for the petitioner.
2. Learned counsel for the petitioner contends that while
deciding the earlier appeal filed by the petitioner on 06.05.2010, the
Rajasthan Civil Services Appellate Tribunal has directed that since in
the impugned transfer order the petitioner was not allowed TA and
DA as the transfer was made in the administrative exigency and not
on the request of the petitioner, therefore, the Tribunal directed that
impugned transfer order may be withdrawn and till such
representation of the petitioner is decided, the impugned transfer
order shall remain stayed. However, thereafter, the respondent
concerned authority appears to have passed an order dated
29.06.2010 modifying the impugned transfer order and allowed
petitioner TA and DA to the petitioner, and pursuant to the order
dated 29.06.2010, the petitioner has been relieved vide order dated
09.07.2010 (Annex-5). Thereafter, again the petitioner approached
Item No.19. DJ/-
SBCWP NO. 7226/2010
Mahendra Kumar Gour Vs. State of Raj. & Ors.
Order dt: 04th August, 2010
2/2
the Rajasthan Civil Services Appellate Tribunal, however, the appeal
was dismissed vide Annex-6 order dated 28.07.2010.
3. Learned counsel for the petitioner submits that order
dated 29.06.2010 (Annex-4) deserves to be quashed because in
pursuance to the directions given by the Tribunal earlier while
deciding the appeal of the petitioner, the competent authority was
firstly required to withdraw the impugned transfer order.
4. Considering the submissions made at bar, in the opinion
of this Court, this contention of the petitioner is misconceived. The
competent authority has considered the representation filed by the
petitioner and thereafter allowed the TA and DA on account of the
transfer of the petitioner, which was made on administrative exigency.
Therefore, it cannot be said that there is any breach or non-
compliance of the order passed by the learned Tribunal while
deciding the earlier appeal of the petitioner.
5. The writ petition being devoid of merit fails and the same
is hereby dismissed. No order as to costs. Copy of this order be sent
to the respondents immediately.
(DR. VINEET KOTHARI), J.
DJ/-
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