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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR

ORDER

S.B. Civil Misc. Application No.148/2014 in

S.B. Civil Writ Petition No.1044/2004

Bholeshwar Meena

Vs.

The Civil Judge (SD) & A.C.J.M. Dhariawasd, Udaipur & Ors.

Date of Order :::: 25th August, 2014

PRESENT

HON'BLE Dr. JUSTICE VINEET KOTHARI

Appearance:

None present for the applicant/respondent. Mr. Suresh Chandra Lohar ]

Mr. Gajendra Kumar Taile ]- respondents No.3 and 4. --

BY THE COURT:

1. The lawyers are observing strike which is contrary to

various Supreme Court decisions.

2. None is present on behalf of applicant/respodnent.

However, the respondents No.3 and 4, namely, S/Sh. Suresh

Chandra Lohar and Gajendra Kumar Taile are present in person.

3. The applicant/respondent

S.B. CIVIL SECOND APPEAL NO.185/2014 Suresh Kumar & Ors.

vs.

Dev Kishan & Ors.

Date of Judgment :: 25.08.2014 PRESENT

HON'BLE MR. JUSTICE ARUN BHANSALI

Mr. Suresh Kumar, appellant No.1/power of attorney holder of the appellants - present in person.

Mr. Suresh Mohta son of respondent No.6 present in person. ----

BY THE COURT:

By order dated 04.08.2014 notice to the respondents to the limited extent regarding grant of extra time to the appellants was issued. While notices of respondent No. 1, 6, 7 & 8 have been served, though notices of respondent No.2 to 5 and 9 to 13 have been accepted by their brothers, in the facts and circumstances of the case, the service is treated as complete. Heard Mr. Suresh Kumar, appellant No.1 and the power of attorney holder of other appellants and Mr. Suresh Mohta, son of the respondent No.6 regarding grant of extra time to vacate the suit premises.

The appellant/power of attorney holder of the appellants submits that the appellants are running a Furniture Shop in the suit premises since 1969 and they may be granted extra time for vacating the suit premises.

The respondent opposed the prayer for grant of time. It 2

was submitted that the suit was filed in the year 2001; a meager sum of Rs.100/- per month is being paid as

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR

:: O R D E R ::

S.B. CIVIL WRIT PETITION NO. 5676/2010.

Salim Mohammad Vs. State of Rajasthan & Ors.

Date of Order :::: 26th August, 2014.

PRESENT

HON'BLE Dr. JUSTICE VINEET KOTHARI

Appearance:

Mr. Salim Mohammad, petitioner present-in-person. Mr. Jabbar Singh, OIC, Regional Joint Director, Agri. Marketing, Jodhpur.

--

BY THE COURT:

1. The lawyers are observing strike which is contrary to

various Supreme Court decisions. Names of Mr. Rishabh

Sancheti, Mr. M.S. Godara, Mr. Sandeep Shah and Mr. Digvijay

Singh, counsel for the petitioner are shown in the cause list.

Name of Mr. Bharat Dutt Sharma, Dy. Govt. Counsel and Mr.

R.S. Saluja, counsel for the respondent are shown in the cause

list.

2. The case is listed at Serial No.110 in today's cause

list under the category "for hearing". The present writ petition has

been filed on 23.06.2010 with the following prayers: -

"In the above facts, it is therefore humbly S.B. CIVIL WRIT PETITION NO. 5676/2010. Salim Mohammad Vs. State o

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR.

:: O R D E R ::

S.B. CIVIL WRIT PETITION NO. 3073/2014.

Sunita Prajapat & Ors. Vs. State of Rajasthan & Ors.

Date of Order :::: 26th August, 2014.

PRESENT

HON'BLE Dr. JUSTICE VINEET KOTHARI

Appearance:

Ms. Sunita Prajapat ]

Ms. Parvati Parmar ]

Ms. Kesar Patel ]- petitioners present in person. None present for the respondents. --

BY THE COURT:

1. The lawyers are observing strike which is contrary to

various Supreme Court decisions. Name of Dr. Nupur Bhati, as

the counsel for the petitioners, is shown in the cause list.

2. Heard the petitioners, who are present-in-person.

3. The petitioners have filed this writ petition in this

Court on 15.04.2014 claiming that their case is similar and akin S.B. CIVIL WRIT PETITION NO. 3073/2014. Sunita Prajapat & Ors. Vs. State of Rajasthan & Ors.

Order dated 26/08/2014

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to that of S.B. Civil Writ Petition No. 2329/2014 Smt. Nisha

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

:: O R D E R ::

S.B. CIVIL WRIT PETITION NO. 4617/2014. Yamlay Khan & Ors. Vs. State of Rajasthan & Ors. Date of Order :::: 26th August, 2014. PRESENT

HON'BLE Dr. JUSTICE VINEET KOTHARI

Appearance:

Mr. Yamlay Khan, Mr. Ashok Kumar Sen, } Mr. Siddhnath Goswami, Mr. Anil Kumar, } Mr. Brij Kishor, Mr. Mahendra Singh Gurjar }- petitioners Mr. Chander Shekhar, Ms. Ruchi Jain, } present-in-person. Mr. Roopa Ram Panwar } Mr. Rajeev Singh Thakur,

Secretary, Deptt. of Rural Development and Panchayati Raj, Govt. of Rajasthan, Jaipur. Mr. Anil Purohit, C.E.O., Zila Parishad, Jodhpur. (OIC). --

BY THE COURT:

1. The lawyers are observing strike which is contrary to various Supreme Court decisions. Name of Dr. Nupur Bhati, as the counsel for the petitioners, and name of Mr. Manish Patel, Addl. Govt. Counsel, are shown in the cause list.

2. Heard the petitioners, and the Secretary, Rural Development and Panchayat Raj Department and the Officer-in- Charge, who are present-in-person.

S.B. CIVIL WRIT PETITION NO. 4617/2014. Yamlay Khan &

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR.

:: O R D E R ::

S.B. CIVIL WRIT PETITION NO. 977/2009.

Dilip Singh Vs. State of Rajasthan & Ors.

Date of Order :::: 28th August, 2014.

PRESENT

HON'BLE Dr. JUSTICE VINEET KOTHARI

Appearance:

Mr. Dilip Singh, petitioner present in person. Mr. D.K. Mathur, Addl. S.P., (T.C.) Jodhpur. Officer-in-charge.

--

BY THE COURT:

1. The lawyers are observing strike which is contrary to

various Supreme Court decisions. Names of Mr. Pradeep Shah

and Sandeep Shah, counsel for the petitioner and name of Mr.

Sudheer Tak, counsel for the respondents are shown in the

cause list.

2. Heard the petitioner and the Officer-in-Charge of the

case. The case is set down for final hearing. S.B. CIVIL WRIT PETITION NO. 977/2009. Dilip Singh Vs. State of Rajasthan & Ors.

Order dated 28/08/2014

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3. The petitioners have filed this writ petition in this

Court

HON'BLE Dr. JUSTICE VINEET KOTHARI Appearance:

Mr. Dheera Ram, petitioner present-in-person. --

The lawyers are observing strike which is contrary to various Supreme Court decisions. Name of Mr. Mahaveer Bishnoi, as the counsel for the petitioner, is shown in the cause list. Heard the petitioner Mr. Dheera Ram, who is present-in- person.

(Dr. VINEET KOTHARI), J. /Mohan/

/S-109/

S.B. CIVIL WRIT PETITION NO. 5162/2014. Nitesh Kumar Khatik

Vs.

District & Sessions Judge, Chittorgarh & Ors. Order dated 28.08.2014.

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

:: O R D E R ::

S.B. CIVIL WRIT PETITION NO. 5162/2014. Nitesh Kumar Khatik

Vs.

District & Sessions Judge, Chittorgarh & Ors. ..

Date of Order :::: 28th August, 2014.

PRESENT

HON'BLE Dr. JUSTICE VINEET KOTHARI

Appearance:

None present for the petitioner. --

BY THE COURT:

1. The lawyers are observing strike which is contrary to various

Supreme Court decisions. Name of Mr. Nikhil Dungawat and Mr.

Nihar Jain, as the counsel for the petitioner, is shown in the cause

list.

2. Nobody is present for the petitioner.

3. Perused the record. The case is listed at Sl. No. 33 in the

cause list under the category of "Admission with Notices Served-

Reply Not Filed".

4. This writ petition has been filed by the petitioner on 14.07.2

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR.

:: O R D E R ::

S.B. CIVIL WRIT PETITION NO. 5998/2014. Poonama Ram Vs. State & Ors. ..

Date of Order ::: 28th August, 2014.

PRESENT

HON'BLE Dr. JUSTICE VINEET KOTHARI

Appearance:

None present for the petitioner. --

BY THE COURT:

1. The lawyers are observing strike which is contrary to various Supreme Court decisions.

2. Nobody is present for the petitioner.

3. Perused the record. The case is listed at Sl. No. 112 in the supplementary cause list under the category of "For Fresh Admission with Stay".

4. This writ petition has been filed by the petitioner on 25.08.2014 with the following prayers:-

"It is, therefore, most respectfully prayed that this writ petition may kindly be allowed and the order impugned dated 20.5.2014 annexure 4 issued by the learned respondent No.1 may kindly be quashed and set aside in the interest of Justice and S.B. CIVIL WRIT PETITION NO. 5998/2014. Poonama Ram Vs. State & Ors. Order dated 28.08.2014

S.B. CIVIL WRIT PETITION NO. 4680/2014. Ramswaroop & Ors. Vs. State of Rajasthan & Ors. ..

Date of Order ::: 28th August, 2014.

PRESENT

HON'BLE Dr. JUSTICE VINEET KOTHARI

Appearance:

None present for the petitioners.

Mr. Pokar Ram Chouhan, Commissioner, Municipal Council, Nagaur, present-in-person.

Mr. Suresh Sharma, Assistant Accounts Officer, Municipal Council, Nagaur, present-in-person.

--

BY THE COURT:

The lawyers are observing strike which is contrary to various Supreme Court decisions. Name of Mr. Anil Kumar Singh, as the counsel for the petitioner and Mr. Anil Bhandari, as the counsel for the respondents, is shown in the cause list. Nobody is present for the petitioners. On behalf of the respondents, Mr. Pokar Ram Chouhan, Commissioner, Municipal Council, Nagaur and Mr. Suresh Sharma, Assistant Accounts Officer, Municipal Council, Nagaur, are present-in-person before the Court. They submit that all the 110 petitioners have been given appointment and have been allowed to resume their duties as Safai Karamcharies under the Order No. 3242 dated 19.08.2014 passed by the Municipal Council, Nagaur. A copy of the same which has been placed on record as Annexure-A/1 with the compliance report submitted by the

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

:: O R D E R ::

S.B. CIVIL WRIT PETITION NO. 5233/2014. Jagdish Prasad

Vs.

District & Sessions Judge, Banswara ..

Date of Order :::: 28th August, 2014.

PRESENT

HON'BLE Dr. JUSTICE VINEET KOTHARI

Appearance:

None present for the petitioner. --

BY THE COURT:

1. The lawyers are observing strike which is contrary to

various Supreme Court decisions. Name of Mr. Nitin Trivedi, as

the counsel for the petitioner, is shown in the cause list.

2. Nobody is present for the petitioner.

3. Perused the record. The case is listed at Sl. No. 19 in the

cause list under the category of "For Fresh Admission Without

Stay".

4. This writ petition has been filed by the petitioner on

09.07.2014 with the following prayers:- S.B. CIVIL WRIT PETITION NO. 5233/2014.

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

:: O R D E R ::

S.B. CIVIL WRIT PETITION NO. 1644/2014. Ram Prakash Mirdha Vs. State & Ors. ..

Date of Order :::: 28th August, 2014. PRESENT

HON'BLE Dr. JUSTICE VINEET KOTHARI

Appearance:

None present for the petitioner.

--

BY THE COURT:

1. The lawyers are observing strike which is contrary to various Supreme Court decisions. Name of Mr. Pappu Sangwa, as the counsel for the petitioner, is shown in the cause list.

2. Nobody is present for the petitioner.

3. Perused the record. The case is listed at Sl. No. 21 in the cause list under the category of "Admission with Notices Served- Reply Filed".

4. This writ petition has been filed by the petitioner on 28.02.2014 with the following prayers:-

"It is, therefore, most humbly and respectfully prayed that record of the case may kindly be called for and by an writ, order or direction; S.B. CIVIL WRIT PETITION NO. 1644/2014. Ram Prakash Mirdha Vs. State & Ors.

1

D.B.Civil Special Appeal (Writ) No.1245/14 State of Rajasthan & ors. V/s Moti Lal

29.8.2014

HON'BLE ACTING CHIEF JUSTICE SUNIL AMBWANI HON'BLE MR.JUSTICE VIJAY BISHNOI

Mr.Bajrang Lal Verma, Project Officer, Tribal Area Development Department, Doongarpur, OIC present in person. This special appeal arises out of the judgment of the learned Single Judge dated 21.5.2014 by which he has declined to interfere with the award of the Labour Court, Udaipur dated 23.2.2008 in Labour Dispute No.162/2001, by which the Labour Court had answered the reference in favour of the respondent- workman and issued directions to the Department to reinstate him on the post in question.

Learned Single Judge found that the services of the respondent-workman were terminated without compliance of the provisions of Section 25-F of the Industrial Disputes Act, 1947 (for short, hereinafter referred to as "the Act"). Further, the respondent-workman had completed more than 240 days from the date of preceding one calendar year from the date of termination. The learned Single Judge further found that whereas the award was made on 23.2.2008, the writ petition was filed on 5.12.2013 i.e. with the delay of 5 years without any explanation. 2

It is submitted by Mr.Bajrang Lal Verma, Project Officer, Tribal Area Development Department, Doongarpur, OIC present-in person that the award was ex-parte and that as soon as the Department acquired knowledge about the passing of the award, the writ petition was filed.

We do not find that there was any averment in the writ petition about the date of the knowledge of the award. There was no expla

1

D.B.Civil Special Appeal (Writ) No.1279/14 The State of Rajasthan & ors. V/s Kanhaiya Lal 29.8.2014

HON'BLE ACTING CHIEF JUSTICE SUNIL AMBWANI HON'BLE MR.JUSTICE VIJAY BISHNOI

Mr.Madan Lal Mali, Assistant Secretary DOP, Jaipur, OIC present in person.

This special appeal is reported to be delayed by 28 days. It is submitted by Mr.Madan Lal Mali, Assistant Secretary DOP, Jaipur, OIC present in-person that a review petition filed by the respondents-appellants was disposed of on 5.8.2014 with a direction that the order be complied with within a period of 15 days, otherwise contempt proceedings will be initiated against the authorities concerned and thus, the appeal is within time from the date of the order passed in the review petition. An application has been filed with the prayer to dispense with the filing of certified copy of the order dated 16.5.2014, which was sought to be reviewed.

The prayer for entertaining the appeal and dispensing with the filing of certified copy of the order dated 16.5.2014 is allowed. The petitioner-respondent appeared in the selection process for the Class-IV post in pursuance of the advertisement issued by the appellants in the scheduled caste category. He was issued 2

interview letter to appear in the interview scheduled on 24.6.2013 at 11.00 AM. The respondent-petitioner filed the writ petition stating that he received the interview letter on 25.6.2013 and requested the appellants to allow him to appear in the interview. This Court issued interim directions on 28.6.2013 allowing the petitioner-respondent to appear in the interview scheduled on 15.7.2013.

The appellants filed

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

:: O R D E R ::

S.B. CIVIL WRIT PETITION NO. 6085/2014. Nemi Chand Solanki Vs. State of Rajasthan & Ors. Date of Order :::: 29th August, 2014. PRESENT

HON'BLE Dr. JUSTICE VINEET KOTHARI Appearance:

Mr. Nemi Chand Solanki, petitioner present-in-person. --

BY THE COURT:

1. The lawyers are observing strike which is contrary to various Supreme Court decisions.

2. Heard the petitioner, who is present in person.

3. The earlier writ petition filed by the petitioner being SBCWP No.5991/2014- Nemi Chand Solanki Vs. State & Ors., has already been disposed of three days back on 26.08.2014, wherein it was directed as under: - "Accordingly, this writ petition is disposed of with a direction and liberty to the petitioner to file a fresh representation ventilating all his S.B. CIVIL WRIT PETITION NO. 6085/2014. Nemi Chand Solanki Vs. State of Rajasthan & Ors. Order dated 29/08/2014

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grievances against the impugned order Annexure- 5 dat

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

:: O R D E R ::

S.B. CIVIL WRIT PETITION NO. 6084/2014. Ramniwas Godara Vs. State of Rajasthan & Ors. Date of Order :::: 29th August, 2014. PRESENT

HON'BLE Dr. JUSTICE VINEET KOTHARI Appearance:

Mr. Ramniwas Godara, petitioner present-in-person. --

BY THE COURT:

1. The lawyers are observing strike which is contrary to various Supreme Court decisions. Name of Dr. Nupur Bhati, counsel for the petitioner, is shown in the cause list.

2. Heard the petitioner, who is present in person.

3. The petitioner is working on the post of Account Assistant under the M-NREGA scheme on contractual basis. The petitioner was appointed on the said position on 04.04.2008 vide the order (Annex.1) dated 04.04.2008. His contractual employment has been discharged by the impugned order S.B. CIVIL WRIT PETITION NO. 6084/2014. Ramniwas Godara Vs. State of Rajasthan & Ors. Order dated 29/08/2014

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(Annex.8) dated 26.08.2014 in pursuance of some enquiry report, in which the petitioner was

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR

ORDER

S.B. CIVIL WRIT PETITION NO.6083/2014

Rakesh Kumar Vs. State of Rajasthan & Ors.

Date of Order :::: 29th August, 2014

PRESENT

HON'BLE Dr. JUSTICE VINEET KOTHARI

Appearance:

Mr. Rakesh Kumar, petitioner present-in-person. --

BY THE COURT:

1. Heard the petitioner Mr. Rakesh Kumar, who is present-

in-person.

2. The lawyers are observing strike which is contrary to

various Supreme Court decisions. Names of Mr. S.R. Godara, as the

counsel for the petitioner, is shown in the cause list.

3. Perused the record. The case is listed at Serial No.11

(Supplementary) in the category of "For Fresh Admission With Stay".

4. The writ petition has been filed on 28.08.2014 with the

following prayers:-

"It is, therefore, humbly and respectfully prayed that this writ petition of the petitioner may kindly be allowed with costs and by issuing appropriate writ, order or direction:-

S.B. CIVIL WRIT PETITION NO.6083/2014

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

:: O R D E R ::

S.B. CIVIL WRIT PETITION NO. 6082/2014. Mahesh Kumar Vs. State of Rajasthan & Ors. Date of Order :::: 29th August, 2014. PRESENT

HON'BLE Dr. JUSTICE VINEET KOTHARI Appearance:

Mr. Mahesh Kumar, petitioner present-in-person. --

BY THE COURT:

1. The lawyers are observing strike which is contrary to various Supreme Court decisions. Name of Dr. Nupur Bhati, counsel for the petitioner, is shown in the cause list.

2. Heard the petitioner, who is present in person.

3. The petitioner is working on the post of MIS Manager under the M-NREGA scheme on contractual basis. The petitioner was appointed on the said position on 18.12.2009 vide the order (Annex.1) dated 18.12.2009. His contractual employment has been discharged by the impugned order S.B. CIVIL WRIT PETITION NO. 6082/2014. Mahesh Kumar Vs. State of Rajasthan & Ors. Order dated 29/08/2014

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(Annex.11) dated 26.08.2014 in pursuance of some enquiry report, in which the petitioner was found indulged i

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

:: O R D E R ::

S.B. CIVIL WRIT PETITION NO. 6073/2014. Purkha Ram Chaba Vs. State of Rajasthan & Ors. Date of Order :::: 29th August, 2014. PRESENT

HON'BLE Dr. JUSTICE VINEET KOTHARI

Appearance:

Mr. Purkha Ram Chaba, petitioner present-in-person. --

BY THE COURT:

1. The lawyers are observing strike which is contrary to various Supreme Court decisions. Names of Mr. Pawan Singh and Dr. Nupur Bhati, counsel for the petitioner, are shown in the cause list.

2. Heard the petitioner, who is present in person.

3. The petitioner was working as Junior Technical Assistant (JTA) having been appointed since 21.05.2008 on contract basis. His contractual services have been discharged with effect from 30.06.2014 finding certain irregularities in the S.B. CIVIL WRIT PETITION NO. 6073/2014. Purkha Ram Chaba Vs. State of Rajasthan & Ors. Order dated 29/08/2014

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work performed by him. The petitioner has filed a representation before the Chief Executive Officer, Zila Parishad, Nagaur, inter- alia, alleging tha

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

:: O R D E R ::

S.B. CIVIL WRIT PETITION NO. 6060/2014. Jai Prakash Meena Vs. State of Rajasthan & Ors. Date of Order :::: 29th August, 2014. PRESENT

HON'BLE Dr. JUSTICE VINEET KOTHARI

Appearance:

Mr. Jai Prakash Meena, petitioner present-in-person. --

BY THE COURT:

1. The lawyers are observing strike which is contrary to various Supreme Court decisions. Name of Mr. Manoj Purohit, counsel for the petitioner, is shown in the cause list.

2. Heard the petitioner, who is present in person.

3. The petitioner, who is working as Junior Technical Assistant (JTA) on contractual basis in Gram Panchayat Makrana. He was transferred twice-over within a month and by the impugned order (Annex.4) dated 12.08.2011, he has been transferred from Parbatsar to Makrana on account of administrative exigency. The petitioner has assailed his frequent transfers viz. twice over within a month. The petitioner has also filed a representation on 16.08.2014 (Annex.5) before the District S.B. CIVIL WRIT PETITION NO. 6060/2014. Jai Prakash Meena Vs. State of Rajasthan & Ors.