JUDGEMENT M. R. Verma, J. (Retd.), Chairman.: This original application is directed against the order dated 12.1.2004, Annexure A-1, whereby the applicant a contractual appointee as Staff Nurse has been transferred from Civil Hospital, Theog to Primary Health Centre, Deothi, (Shimia). 2. The case of the applicant in brief is that she was appointed as Staff Nurse on contract basis vide order dated 29.7.2003 as per the terms and conditions of the agreement executed between the parties and according to one of the stipulations the applicant was appointed for a specific place and before expiry of one year and renewal of the agreement she could not have been transferred. However, vide Annexure A-1 dated 12.1.2004 she has been ordered to be transferred which is violative of the terms and conditions of the agreement as aforesaid. 3. The respondents for the first time were called upon to file reply vide order dated 2.3.2004. However, despite further adjournment and opportunity they failed to file reply; therefore, their right to file reply was closed vide order of the day. 4. We have heard the learned counsel for the parties. 5. It is not in dispute that the applicant was appointed as Staff Nurse on contract basis on 27.9.2003. It is also not in dispute mat she has been transferred vide Annexure A-1 within one year of her appointment It is also not in dispute that the service conditions of the applicant who is a contractual employee are to be governed by the contract (Annexure A-2) entered into between the parties. Cteuse-4 of the said agreement reads as under- "4. The contractual appointment shall be for a specific place. After the expiry o of the one year, in case the contract is to be renewed the incumbent can be posted at some other place on the basis of terms and conditions on a fresh contract" 6. It is dear on a plain reading of the aforesaid clause that the appointment of the applicant was for a specific place to which she was posted and during the contractual period of one year of her service she could not be transferred to any place for the reasons that her contractual appointment for one year was for a I specific place.
She could have been transferred only if after expiry of the initial contractual appointment for one year renewed and she was posted to some other place on the basis of fresh contract 7. In view of the above, the impugned transfer order Annexure A-1 transferring the applicant from the place to which she was specifically appointed is violative of said clause, therefore, the impugned transfer order is bad in law and cannot be sustained. in view of the above, this original application is allowed and the impugned transfer order Annexure A-1 is quashed and set aside. No order as to costs.