( 1 ) THE petitioner while serving as Senior Foreman Grade S-4 was promoted to the cadre of Executive Grade of E-l vide proceedings of the respondent Company with effect from 1-1-1995 and he was posted to Kahalgaon Super Thermal Power Project, Kahalgaon, Bihar State. On 26-6-1995 the petitioner made a representation to the respondents 1 and 3 for his retention at Ramagundam on the ground mat his wife was serving as pharmacist in the hospital run by the Management of Singareni Collieries Co. , Ltd. , The representation of the petitioner was rejected on 28-7-1995. At that juncture, this writ petition was filed seeking a writ in the nature of mandamus declaring the action of the respondents in transferring the petitioner to Kahalgaon Super Thermal Power Project, Bihar State as illegal and for a consequential direction to the respondents to place the petitioner in Executive Gradcofe-1 with effect from 1-1-1995 on par with others and retain him at Ramagundam project with all consequential benefits. The petitioner foregoing the promotion continued to work at Ramagundam in the cadre of Senior Foreman Grade S-4. Again, in the year 1996 the petitioner came under the zone of consideration for promotion to the Executive cadre ana by the proceedings of the respondent - Company dated 13-6-1996 he was promoted to the Executive Cadre in Grade E-1 with effect from 1-1-1996 and he was posted to Talchar in Orissa State. Being aggrieved by the transfer of the petitioner to Talchar W. P. M. P. No. 19676/96 was filed on 22-11-1995. This Court on 9-8-1996 in W. P. M. P. No. 19676/96 directed the respondent-Company to retain the petitioner at Ramagundam. Accordingly, the Company-Management issued the proceedings on 13-8-1996 and retained the petitioner at Ramagundam to obey the interim direction. That interim order is still in operation.

( 2 ) ASSAILING the validity of the impugned action, Sri G. Vidyasagar, the learned Counsel for the petitioner would contend that along with the petitioner in the year 1995 and 1996 as many as 17 others were promoted to the Executive- Grade of E-l; only two including the petitioner were sent out of Ramagundam and this action of the Management of the Company tantamounts to invidious discrimination and violative of Article 14 postulates; that the Company-Management chose to retain those officers promoted to the Executive Grade of E-l at Ramagundam whereover the spouses of such officers were employed in Ramagundam and herein again the Company-Management has practised discrimination; that the petitioner before he was promoted to the Executive Grade of E-l with effect from 1-1-1996 was an office bearer of the N. T. P. C. Unit employees Union and ultimately would contend that for the afore-mentioned grounds, the impugned action of the Management of the respondent-Company in transferring the petitioner to Talchar in Orissa State is illegal.

( 3 ) I have noted the above submissions of the learned Counsel for the petitioner only for the purpose that the learned Counsel should not think that the submissions made by him were not noticed by the Court. Even assuming that the factual submissions made by the learned Counsel for the petitioner are true and correct, even then on that count a transfer order cannot be nullified. The Supreme Court in Mrs. Shilpi Bose v. State of Bihar, AIR 1991 S. C. 532, held that the Court should not interfere with the transfer order which are made in public interest and administrative reasons unless they are made in violation of mandatory statutory rules or on the ground of mala fide. The Supreme Court in Gujarat Electricity Board v. Atmaram Sungomal Poshani, AIR 1989 (2) SCC 602, held that the transfer is an incidence of service and the employee has no right to be posted at a particular place and the transfer cannot be evaded merely on the ground of pendency of representation or hardship. Dealing with hardship that may result on account of the transfer of an employee, the Supreme Cou