INDU RATHEE Vs. SHAMSHER SINGH

JUDGEMENT

(1.) This petition has been directed against the order dated 7.11.1997 passed by the learned Additional District Judge, Sonepat. By this order, the learned Additional District Judge has set aside the order dated 8.10.1997 passed by the learned trial Court in terms of which the application of the petitioner under Order 39 rules 1 and 2 was allowed and the impugned order dated 30.9.1997 was stayed. Notice of this petition was issued to the respondents.

(2.) I have heard the learned counsel for the parties. Briefly stated the facts of the case are that the petitioner was appointed as a Lecturer in Chottu Ram College, Rohtak on 25.11.1990 and she was confirmed on 1.11.1991. Thereafter the petitioner along with one J.S. Ahlawat who at the relevant time was working as a Lecturer in Tikka Ram College, Sonepat submitted a representation for mutual transfer from Rohtak College to Sonepat College. The request for mutual transfer was approved by Governing bodies of both the Colleges at Rohtak as well as the College at Sonepat and the proposal was also approved by the Director Higher Education, Haryana on 30.12.1991, though admittedly, management of the two colleges are different. It may be noted here that no objection to the above-mentioned proposal was accorded by the M.D. University on 15.7.1993.

(3.) After the approval was granted by the Director Higher Education, the petitioner joined the Sonepat College on 1.1.1992 and had been working there as a Lecturer till 30.9.1997 when the impugned order was issued by the General Secretary of the newly constituted ad hoc governing body of the Sonepat College. The aforesaid order dated 30.9.1997 has been challenged by the petitioner in the suit filed before the learned trial Court at Sonepat. Along with the suit, the petitioner filed an application under Order 39 rules 1 and 2 for interim stay of the impugned order dated 30.9.1997 and the learned trial Court vide order dated 8.10.1997 confirmed the ex-parte stay in favour of the petitioner. The said order dated 8.10.1997 passed by the learned trial court was challenged by the respondent governing body of Sonepat College before the learned lower Appellate Court who vide order dated 7.11.1997 set aside the order passed by the learned trial court and vacated the stay. Aggrieved by the order dated 7.11.1997 the present petition has been filed by the petitioner. This petition came up for hearing on 24.11.1997 on which date the notice of motion was issued to the respondents and operation of the impugned order dated 30.9.1997 was stayed.