H.R. Panwar, J. - (1.) BY the instant writ petition under Article 226 of the Constitution of India, the petitioner has impugned the order Annexure -3 dt. 29.07.2005.
(2.) I have heard learned counsel for the parties. By order Annexure -2, the petitioner was transferred from Govt. Upper Primary School Khata (Rai) to Govt. Primary School 10 -O, (Karan). In compliance of the order, the petitioner joined the services on the place, where he was transferred. However subsequently by order dt. 29.07.2005 (Annexure -3), the order Annexure -2 was cancelled. The order Annexure -2 has already been executed by joining the petitioner to the post at new place of posting. Thereafter, if the non -petitioner wanted to transfer the petitioner to elsewhere, they can transfer him by a fresh order and not by cancelling the previous order i.e. Annexure -2.
(3.) LEARNED counsel for the petitioner has relied on a decision of this Court in Gangaram Bishnoi v. State and Ors., WLR 1994 Raj 537, wherein this Court held that once transfer order stands executed and implemented it could not be cancelled and the respondents could have passed fresh transfer order transferring the petitioner if in the exigency of administration it was required. In this view of the matter, the order dt. 29.07.2005 (Annexure -3) deserves to be quashed.;