Rajasthan High Court - Jodhpur
Smt. Seema Kumari vs State & Ors on 13 August, 2012
Author: Govind Mathur
Bench: Govind Mathur
1
S.B.CIVIL WRIT PETITION NO. 1214/2011
Smt. Seema Kumari
Vs.
State of Rajasthan and Ors.
Date of Order :: 13.8.2012
HON'BLE MR. JUSTICE GOVIND MATHUR
Mr. Nikhil Dungawat, for the petitioner/s.
Mr. N.R. Choudhary, for the respondent No.4.
...
The Vikas Adhikari, Panchayat Samiti, Sirohi under an order dated 5.1.2011 transferred the petitioner, a Gram Sewak from Gram Panchayat, Jaila to Gram Panchayat, Khambal vice respondent No.4 Khangara Ram Devasi. Under the same order Shri Khangara Ram Devasi was transferred from Gram Panchayat, Khambal to Gram Panchayat, Sanpur. By corrigendum dated 6.1.2011, the transfer of the petitioner was made to Gram Panchayat, Sanpur instead of Gram Panchayat, Khambal and respondent No.4 Khangara Ram Devasi was retained at Gram Panchayat, Khambal.
Being aggrieved by the order aforesaid, Shri Khangara Ram Devasi preferred an appeal before the Rajasthan Civil Services Appellate Tribunal, Jaipur wherein on 19.1.2011 while issuing notices to the respondents including the present petitioner, an ex-parte interim order was passed staying operation of the order dated 6.1.2011. To challenge the ex-parte 2 interim order, this petition for writ was preferred and this Court on 9.2.2011 while issuing notices to the respondents stayed operation and effect of the order dated 25.1.2011 (Annex.9) passed by the Vikas Adhikari, Panchayat Samiti, Sirohi in compliance of the interim direction dated 19.1.2011. As a consequent to the interim direction, the petitioner is working with Gram Panchayat, Sanpur. The respondent Shri Khangara Ram Devasi is also working in the same Gram Panchayat.
The submission of learned counsel for the petitioner is that the Tribunal under the order dated 19.1.2011 stayed operation of the order dated 6.1.2011, but the Vikas Adhikari, Panchayat Samiti, Sirohi by misinterpreting quashed the order dated 6.1.2011, though that is subject matter of the appeal that is pending before the Tribunal.
From reading of order Annex.-9, it is apparent that the same was passed only in compliance of the interim order passed by the Tribunal, therefore, the Vikas Adhikari was not justified in quashing the order dated 6.1.2011. He was required to make compliance of the directions given only in terms of the order dated 19.1.2011.
In view of the factual position noticed above, I deem it appropriate to dispose of this petition for writ by setting aside the order dated 25.1.2011 (Annex.9) with a direction to Vikas 3 Adhikari, Panchayat Samiti, Sirohi to maintain the position as existing today with regard to the posting of the petitioner as well as respondent Shri Khangara Ram Devasi regarding their posting till disposal of the appeal bearing No.55/2011 pending consideration before the Rajasthan Civil Services Appellate Tribunal, Jaipur. The Tribunal shall dispose of the appeal positively on or before 24.9.2012. The parties are directed to appear before the Tribunal on 20.9.2012, the date already fixed in the matter.
(GOVIND MATHUR), J.
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