- (1.) This is an intra Court appeal filed by the respondents of Writ Petition No. 83 of 2000 under Rule 134 of the Rajasthan High Court Rules, 1951 against an order dt. 19.02.2009 passed by Single Judge in aforementioned writ petition whereby the learned Single Judge allowed the writ petition of the respondent. Facts of the case are these:
(2.) The facts of the case are set out in detail in the impugned order and hence, we do not consider it necessary to again mention the same facts in that much of detail as are set out in the impugned order except to mention few to appreciate the issue raised in the matter.
(3.) In short, the facts are that the respondent a state employee who was at the relevant time working on the post of what is called Artiest at Udaipur under Respondent No. 4 i.e. in charge T.B. Sanitarium was asked by an order dated 10.05.1994 (Annexure-9) of respondent No.4 to join at Director Medical and Health Services, Jaipur (respondent No.2). This order was passed, as it seems, due to abolition of the post of Artist due to some administrative exigencies. It is against this order, the respondent (employee) felt aggrieved and filed an appeal before the Service Tribunal constituted under the provisions of Rajasthan Civil Services Appellate Tribunal (for short called Tribunal ). The Tribunal dismissed the respondent s appeal and upheld the order impugned therein. The respondent felt aggrieved of this order filed writ petition out of which this intra court appeal arise. The learned Single Judge by impugned order allowed the writ petition and quashed the order of the Tribunal and in consequence the order that was impugned in the appeal before the Tribunal. It is against this order; the State has felt aggrieved and filed this appeal.;