VEENA THAKUR Vs. STATE OF H.P.

JUDGEMENT

(1.) 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.) 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.