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Himachal Pradesh High Court · body

1999 DIGILAW 227 (HP)

INDU MAHAJAN v. STATE OF HP

1999-10-28

A.K.BHATNAGAR, A.L.VAIDYA

body1999
ORDER Reply filed today. Be placed on record. 2. Heard. 3. The present application has been preferred by the applicant assaying her transfer from Govt. Degree College Palampur to Dharamshala as per Annexure A-2. The main ground for assailing the impugned orders is that earlier the applicant was transferred from Govt. College Dharamshala to Palampur as per Annexure A-1 on July 13, 1998 on her own request and after short span of stay at Palampur she has again been transferred from Govt. Degree College Palampur to Dharamshala. 4. So far as the case of the applicant that she was transferred on request from Degree College Dharamshala to Palampur is not disputed but the main defence on behalf of respondents in context of the present application has been that the applicant belongs to — Palampur and as such she has been shifted from that place. 5. The ground being taken on behalf of the respondents in the present application that applicant belongs to Palampur already existed at the time when earlier she was transferred from Dharamshala to Palampur on her request. That means, the fact of applicants belonging to Palampur was in a way waived. The same cannot be made the base for her re-transfer back to Dharamshala after period of short stay. The applicant in such circumstances especially when she was transferred on request should be allowed to continue at Palampur at least for one term. 6. In view of foregoing reasons the application is accepted and Annexure A-2 is set aside. No order as to costs.