2007 Supreme(HP) 429
HIMACHAL PRADESH HIGH COURT
(Deepak Gupta & V.K. Ahuja, JJ.)
(D.B.)
CWP No. 740 of 2007
Decided on 8th Nov. 2007
Veena Thakur Vs. State of H.P. & Ors.
.........Petitioner ..........Respondents
For the Petitioner:- Ms. Kiran Lata Sharma, Advocate.
For the Respondents:- Mr. M.S. Chandel, Advocate General, with Mr. R.M. Bisht, Deputy Advocate General.
Headnote:H.P. State Administrative Tribunal Act and Constitution of India, Articles 227 - Writ - Transfer - Pay - Petitioner transferred and she challenged the order of transfer being against the government policy - Tribunal passed orders of Status quo since the orders under challenge was found to be mala fide - Employee stood relived prior to the date of challenge of orders - Respondent refused to take her joining report on the post from which she was transferred - Writ - Held, that once her earlier transfer order was set aside and after that date she was entitled to submit her joining report at her old place of posting i.e. at Zamanabad which was done by her - Tribunal’s order with regard to pay for the period she remained absent that she should apply for the leave of the kind due are upheld - Writ petition dismissed.
(Paras 9 & 15)
(V.K. Ahuja, J.) - This judgment shall dispose of the present writ petition filed by the petitioner under Articles 226 and 227 of the Constitution of India for quashing of the order passed by the learned State Administrative Tribunal on 27.4.2007.
2.Briefly stated the facts of the case are that the petitioner, who was serving as TGT (Arts) in Government High School Zamanabad, District kangra, H.P., was transferred to Government Middle School Katholi, vide order dated 4.11.2003. The petitioner challenged the said transfer order since she was transferred after about 1 year and 11 months only, which was short period and was against the transfer policy. She challenged her transfer order by filing an OA before the State Administrative Tribunal which directed the respondents to treat her OA as representation and to decide the same within a period of four weeks of hearing the petitioner as well as respondent No. 4. Till then, the operation of the transfer order was to remain stayed. Respondent No. 4 rejected the representation of the petitioner and ordered her to join the duties as per the transfer order dated 4.11.2003. The petitioner filed another OA No. 163/2004 on 15.1.2004 before the learned Tribunal which passed an interim order of status quo on 16.1.2004.
3.The petitioner was on medical leave and on 17.1.2004, she submitted her joining report to respondent No. 3 with the medical fitness alongwith status quo order passed by the learned Tribunal. Respondent No. 3 refused to accept the joining report of the petitioner due to the reason that she already stood relieved on 12.1.2004 and was further directed to report for duties to Deputy Director (Education), Dharamshala, for appropriate action. The petitioner, on 19.2.2004, filed a miscellaneous application before the learned Tribunal against the refusal of the joining report submitted by her to respondent No. 3. The Tribunal directed the respondents to produce all the relevant record including the relieving order of the petitioner. The respondents sought time to file reply as well as to produce the relevant record and the order of status quo was maintained for further dates. After taking reply from the respondents finally the learned Tribunal passed an order on 2.6.2004 holding that the order passed by the State Government was proved to be mala fide and the respondents were directed to retain the petitioner at Government High School Zamanabad, District Kangra.
4.It was further averred by the petitioner that she was not paid the salary during the pendency of the OA under status quo order by the respondents and she applied for the release of salary from January, 2004 to May, 2004 and the respondents directed the petitioner to send them the application for leave. Thereafter the petitioner filed another OA before the learned Tribunal, who after hearing both the parties directed the petitioner to apply for leave of kind due during the period the petitioner remained absent. Being aggrieved by the said order passed by the Tribunal on 27.4.2007, the petitioner has filed the present writ petition challenging the said order and for quashing the same.
5.Notice of the petition was issued to respondents who filed reply. We have heard the learned Counsel for the parties and have gone through the record of the case.
6.The facts of the case are clear that the petitioner challenged her transfer order dated 4.11.2003 and also challenged the rejection of her representation dated 1.1.2004. The learned Tribunal heard the matter and the order of status quo was passed by the learned Tribunal on 16.1.2004. The said order has not been placed on record about which a reference has been made by the learned Tribunal in its order dated April 27, 2007, which is under challenge. A perusal of this order shows that the order of status quo was passed by the learned Tribunal on 16.1.2004 and from 10.1.2004 to 16.1.2004, the petitioner was on medical leave. She submitted her joining