SUNIL KUMAR GARG, J. - (1.) THIS writ petition under Article 226 of the Constitution of India has been filed by the petitioner against the respondents on 31.7.2002 with a prayer that order dated 29.7.2002 (Annex. 4) passed by the Executive Engineer, P.H.E.D. Division 1st, Pali (respondent No. 2) by which the previous transfer order dated 25.7.2002 (Annex. 1) was cancelled be quashed and set aside.
(2.) THE facts of the case as put forward by the petitioner are as under: (i) That the petitioner was working on the post of Helper Grade -III at Jal Praday Yojana at Bhuryasani from where he was transferred to Jal Praday Yojana at Jetpur with immediate effect on 25.7.2002. A copy of order dated 25.7.2002 passed by the A. En., PHED. Dist. Sub -Division Rohit is marked an Annex. 1. (ii) That in pursuance of order dated 25.7.2002 (Annex. 1), the petitioner was relieved by the J.En., PHED Sub -Division Rohit vide order dated 26.7.2002 (Annex. 2). (iii) That in compliance of transfer from Bhuryasani to Jetpur, the petitioner joined at Jetpur on 27.7.2002. (iv) that through order dated 29.7.2002 (Annex. 4), the Executive Engineer, PHED, Division 1st, Pali (respondent No. 2), cancelled the order dated 25.7.2002 (Annex. 1). Hence, this writ petition with the above mentioned prayer. The main submission of the learned Counsel for the petitioner is that since the order dated 25.7.2002 (Annex. 1) has been complied with and has been implemented, it could not be cancelled and therefore, the order dated 29.7.2002 (Annex. 4) is illegal and the order dated 29.7.2002 (Annex. 4) should be set aside.
(3.) I have heard both and perused the record.;