C.W.P. (T) No. 1236/2008 21.12.2009Present: Mr. Bhuvnesh Sharma, Advocate, for the petitioner. Mr. R.K. Sharma, Sr. Addl. Advocate General, with Mr. P.K. Sharma, Addl. Advocate General and Mr. Ramesh Thakur, Assistant Advocate General, for the respondents. Heard. Petitioner is working as a Peon in Panchayati Raj Department in District Mandi, H.P. In the year 2002, he was transferred to Hamirpur. He challenged his transfer by filing Original Application, i.e., O.A. No. 205 of 2002 before the H.P. State Administrative Tribunal (now abolished). His transfer, pending disposal of the Original Application was stayed. Original Application was finally disposed of vide order dated 7.4.2003 (Annexure A3). As per that order, petitioner having been accommodated in the District Cadre of Mandi, vide Office order dated 31.3.2003 (Annexure A2), the Original Application was dismissed as having become infructuous. Now, order dated 2.6.2008 has been issued by the Himachal Pradesh Government Panchayati Raj Department to the effect that the Original Application having been withdrawn on 16.11.2007, the petitioner be transferred to Hamirpur. Learned Senior Additional Advocate General says that order Annexure A1 is not correct because the Original Application of the petitioner had been disposed of much earlier, i.e., 7.4.2003, as aforesaid and it had not been withdrawn -2- on 16.11.2007, as mentioned in Annexure A1, and the same may be quashed,. In view of the aforesaid statement of the learned Senior Additional Advocate General, as also the factual position stated hereinabove, writ petition is allowed and the impugned order Annexure A1 dated 2.6.2008 ordering that the earlier transfer order of 2002 be given effect and the petitioner be relieved, is quashed. Petition stands disposed of. (Surjit Singh),J December, 21, 2009 (Surinder Singh),J (cm)