Chandrabhan Singh vs State of Rajasthan and Others

Ajay Rastogi, J.—Instant petition has been filed assailing the order passed by the Tribunal declining to grant interim relief as prayed for.

The Petitioner, who was working as Physical Training Instructor, on being transferred from Nagla Bhadoriya to Bathuakhoh, Basedi under the order of the District Education Officer (Elementary), Dholpur dt. 26/09/2010, preferred an appeal before the learned Tribunal.

The learned Tribunal, after taking note of the submissions, while issuing notice of the appeal, was not inclined to grant interim relief as prayed under order impugned dt. 26/10/2010.

Counsel submits that the reason assigned for declining to grant interim relief is not legally sustainable.

The learned Tribunal, taking note of the submissions made, was not inclined to grant interim relief as prayed for and it will not give rise to file the instant petition unless the order is perse bad or has been passed for collateral reasons which is not the case of the Petitioner. This Court further records that this practice of filing writ petition against declining to grant interim relief by the Tribunal is not to be encouraged, moreso, when the appeal is pending and the matter is still sub-judice to examine the submissions on merits while disposing of the appeal at the final stage. This Court does not find any manifest error in the order passed by the learned Tribunal.

Consequently, the writ petition stands dismissed.