CWP No. 253 of 2007. 6.5.2009. Present: Mr.Sanjeev Bhushan, counsel for the petitioner. Mr.R.K.Bawa, Advocate General, with Mr.R.M. Bisht and Mr.Rajesh Mandhotra, Dy.A.Gs., for the respondents. With the consent of the parties, the writ petition is disposed of at the admission stage itself since the pleadings are complete. The admitted facts are that the petitioner was transferred to Government Senior Secondary School, Bajaura vice one Smt.Alka Sood. It is not disputed that pursuant to the aforesaid orders, the petitioner joined her duties at the aforesaid School on 21st May, 2002. Smt.Alka Sood filed an Original Application before the H.P. State Administrative Tribunal challenging her transfer order. This Original Application was numbered as OA No.105 of 2002. Stay order was passed in this Original Application in the following terms: “In the meantime Annexure-PA dated May 21, 2002 qua the applicant is stayed till further orders, if the applicant is not relieved and the substitute has not joined.” Though the petitioner had already joined at Government Senior Secondary School, Bajaura, it appears that Alka Sood was also permitted to rejoin at Bajaura since she had not been relieved even though the petitioner had already joined. The petitioner was treated as surplus in Government Senior Secondary School, Bajaura, till her adjustment at Government High School, Nagwahin on 17.12.2002. Though the petitioner has been paid her salary for this period during which she was treated as surplus, but it has also been ordered that this period shall be treated as leave of the kind due. In our view, the petitioner cannot be made to suffer for no fault of her. She joined the place to which she was transferred. If some other employee obtained a stay order of the transfer, the petitioner, even if she -2- was to be declared surplus, could not be said to be on leave. In the present case, the petitioner had already joined before the orders had been passed by the Tribunal. Therefore, the action of the respondents in treating the petitioner on leave is totally erroneous. We, therefore, set aside the order and direct that the petitioner shall be treated to be on duty for the aforesaid period for all purposes. The petition is disposed of accordingly. In view of the final disposal of the main writ petition, all the pending application(s), if any, shall also stand disposed of. (Deepak Gupta), Judge . May 6, 2009. (V.K. Ahuja), (TILAK) Judge.