Namita Kumari vs State of H.P. and others

CMP No. 647 of 2017

Allowed and stands disposed of. CWP No. 182 of 2017 & CMP No. 648 of 2017

A perusal of the averments contained in the petition suggest that the petitioner by filing Original Application No. 5318 of 2016, approached the learned H.P. State Administrative Tribunal, Shimla laying therein challenge to her transfer order, dated 16.8.2016, whereby she was ordered to be transferred from Government Primary School, Arki (Education Block, Arki) to Government Primary School, Simlta (Education Block, Dhundhan) against respondent No. 6, Shriniwas, Junior Basic Teacher. It also emerge from the pleadings that taking cognizance of the averments contained in the aforesaid application, the learned Tribunal vide order, dated 20.10.2016 stayed the operation of the aforesaid transfer order, dated 16.8.2016. However, the fact remains that the matter was listed on 12th January, 2017, on which date, Original Application was dismissed in default. Mr. Ashwani Pathak, learned Senior Advocate, representing the petitioner, stated that on 12th January, 2017, neither the counsel representing the petitioner nor the petitioner himself could put in appearance before the learned Tribunal due to heavy snow fall as a result of which the Original Application was dismissed in default. Subsequently, on 19th January, 2017, the petitioner moved an application for restoration and for interim directions before the learned Tribunal, but as per Mr. Ashwani Pathak, learned Senior Advocate, representing the petitioner, the same was not accepted by the Registry of the learned Tribunal on account of ongoing winter vacations.

It is not understood, how the Registry of the learned Tribunal could refuse to entertain the application, if any, during the winter vacation, filed by the petitioner for restoration and for interim directions. Accordingly, this Court deems it fit to direct the Registry of the learned Tribunal to entertain the application, if any, having been filed by the petitioner for restoration and recalling of order, dated 12th January, 2017, whereby her Original Application has been dismissed in default, and place it before the learned Vacation Judge, who may decide the same forthwith, preferably in the first week of February, 2017. In the meantime, the petitioner may not be compelled to join at Government Primary School, Simlta (Education Block, Dhundhan).

The writ petition as well as CMP No. 648 of 2017 stands disposed of. Copy dasti.