HALIMA AKHTER Vs. STATE

JUDGEMENT

(1.) MTS . Halima, Lecturer in History, Higher Education Department, came to be transferred vide Government order No: 48 -HE of 1994 dated 3 -2 -1994 from Women College Nawakadal to Woman College, Baramulla vice Mts. Saleema Mattoo.

(2.) AGGRIEVED of this order, a writ petition was filed by the petitioner which came to be numbered as Service Writ Petition No : 319 of 1994 alongwith CMP, 810 of 1994. The motion of admission of this petition came to be taken on 1.3.1994, wherein notices have been ordered to be issued to the other side and in CMP, direction seems to have been passed by this bench, asking the respondents to consider the representation made by the petitioner within fifteen days and in the meanwhile, the order impugned, if not implemented was kept in abeyance, in so far it related to the petitioner.

(3.) THE representation seems to have been considered in compliance to the directions passed by this bench of the court which culminated into Government order No: 253 -HE of 1994 dated 3 -6 -1994 which reads: "Sub : Representation of Mtr. Haleema Banoo, Lect. in History. Government order No: 253 -HE of 1994 dated : 3 -6 -1994 Whereas Mtr. Haleema Banoo, Lecturer in History was transferred to Government Women College, Baramulla, vide Govt. Order No: 48 -HE of 1994 dated 3.2.1994. Whereas Mtr. Haleema Banoo was aggrieved by this transfer order and she filed a writ petition in the Honâ„¢ble High Court at Srinagar. Whereas the Honâ„¢ble High Court directed to the respondents to consider the representation filed by the petitioner and dispose of the same within two weeks. Whereas the representation of the said Mtr. Haleema Banoo, Lecturer in History has been considered. Whereas Mtr. Haleema Banoo posted in Srinagar city from 1986 i.e. for a period of about eight years. In view of her longest stay in city college, her transfer to District College was considered and found justified and accordingly her transfer order from city college to District College was issued. Whereas her substitute in Women college Baramulla had already completed the tenure and she was due for his transfer to his home district and necessary orders were issued. Whereas the representation of Mtr. Haleema Banoo has been considered by the Government and after a thorough examination/consideration, it was not found tenable to cancel her transfer order. Now, therefore, the Principal, Government Women College, Nawakadal, is directed to relieve Mtr. Haleema Banoo, Lecturer in History and ask her to report the Principal, Government Women College, Baramulla for her duties. Sd/ - Under Secretary to Govt. Hr. Education Department