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Judgment
The writ petition has been filed by the petitioner aggrieved against the order dated 11.01.2019 (Annex.5), whereby the petitioner has been posted at Chitrawas (Sayra), Udaipur.
By order dated 27.05.2018, the petitioner and respondent No.4 were transferred; while petitioner was transferred from SIERT, Udaipur to Badgaon, Udaipur, respondent No.4 - Krishan Chandra Suthar was transferred from Badgaon to Katarwas Kala, Kherwada, Udaipur. The respondent No.4 filed SBCWP No.8010/2018, wherein interim order was granted, based on which the order dated 11.01.2019 has been passed by the respondents ordering to retain the respondent - Krishan Chandra Suthar at Badgaon and directing transfer of the petitioner from Badgaon to Chitrawas (Sayra), Udaipur. Whereafter, the respondent No.4 withdrew the writ petition. Qua the said writ petition, an application i.e. Writ Misc. Application No.19/2019 has been filed seeking recall of the order.
During course of submissions made by the parties, while respondent No.4 indicated that on account of his physical condition, he needs to stay at Udaipur and therefore, his transfer need not be interfered with.
On the other hand, the petitioner made submission that only on account of passing of the interim order in the connected writ petitions, the petitioner could not have been transferred again.
Learned Government Counsel made submissions that on account of interim order on one post, two persons were working and therefore, respondent-State had no option but to transfer the petitioner.
Time was granted by the Court to the parties to explore possibility of according posting to both the petitioner and respondent No.4 at Udaipur.
Learned counsel for the petitioner has pointed out that one post of Lecturer Chemistry is vacant at Sakroda, District Udaipur and therefore, the petitioner as well as respondent may be considered for the said post based on the counseling between them.
In the overall facts and circumstances of the case, wherein the respondent No.4 claims to be suffering from a particular disease, the fact that the petitioner has been subjected to transfer on account of the interim order granted by this Court and another position as indicated by learned counsel for the petitioner has become vacant at Sakroda, Udaipur, the ends of justice would be met if the respondent - Director, Secondary Education, Bikaner is directed to pass fresh orders qua the posting of the petitioner and respondent No.4 after holding the requisite counseling between both of them keeping in view the vacancy available at Sakroda, Udaipur.
Needful may be done within a period of one week.
With the passing of fresh order by the Director, the order dated 11.01.2019 would come to an end automatically.
With the above directions, the writ petition filed by the petitioner as well as misc. application filed by the respondent No.4 seeking recalling of order dated 11.01.2019, stands disposed of.