THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP(T) No. 14805 /2008. Decided on: 12.11.2009 Tejinder Kumari …Petitioner -Versus- State of Himachal Pradesh and others. …Respondents. Coram: Hon'ble Mr. Justice R.B. Misra, Acting Chief Justice. Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1. __________________________________________________________ For the petitioner. : Mr. Onkar Jairath, Advocate. For the respondent : Mr. R.K. Sharma, Senior Aditional Advocate General with Mr. J.K. Verma, Dy. Advocate Generals. ________________________________________________________________________ The petitioner was transferred from Government Senior Secondary School, Nangran, District Solan to Government High School, Kadaur, District Solan. She filed original application assailing this transfer order bearing OA No. 2832/2003 before the learned Himachal Pradesh Administrative Tribunal. The learned Himachal Pradesh Administrative Tribunal granted interim relief on 26.9.2003 and stayed the transfer order. However, the same was vacated on 8.1.2004. She made representation to the respondents to post her at nearby place. This request of the petitioner was acceded by the respondents and she was adjusted at Government Middle School, Abada-Barana, District Una vide office order dated 28.2.2004. A condition was imposed in this office order that she will join at Government Middle School, Abada- Barana as and when the school is made functional. The school became functional in the month of July, 2004. She was relieved by the Head 1 Whether the reporters of the local papers may be allowed to see the judgment? No. Master, Government Senior Secondary School, Nangran on 6.7.2004.She joined her duties at Government Middle School, Abada Barana. However, she was not paid salary for the period with effect from 1.3.2004 to 30.6.2004. The Principal Government Senior Secondary School, Nangran has issued the certificate to the effect that the petitioner has worked with effect from 1.3.2004 to 30.6.2004 vide Annexure A-3. The petitioner's salary though was released for the period with effect from 1.3.2004 to 30.6.2004, however, this period has been treated as leave of the kind due as per communication dated 9.1.2006. We are of the considered view that since the petitioner has been permitted to discharge her duties at Government Senior Secondary School, Nangram, she could not be treated as surplus. The respondents themselves have permitted the petitioner to work at Government Senior Secondary School, Nangran with effect from 1.3.2004 to 30.6.2004. Rather a condition was imposed while transferring her to newly created school, i.e. Government Middle School, Abada Barana that she will resume her duties as and when the school is made functional. The school in question became functional in the month of July, 2004 and she resumed her duties on 6.7.2004. In view of this, the letter dated 27.7.2000 will not be attracted in this case. The petitioner has worked with effect from 1.3.2004 to 30.6.2004 and the certificate to this effect vide Annexures A-3 has been issued by the Principal of the concerned school. Accordingly, the petition is allowed. The action of the respondents treating the period with effect from 1.3.2004 to 30.6.2004 as leave of the kind due vide Annexure A-6 dated 9/17.1.2006 is quashed and set aside. The period with effect from 1.3.2004 to 30.6.2004 shall be treated as normal period. No costs. (R.B. Misra) Acting Chief Justice (Rajiv Sharma), Judge 12.11.2009 *awasthi*