S.B. Sinha, J.

This writ application is directed against the judgment and order dated 20th May, 1999 passed by the West Bengal State Administrative Tribunal in Case No. O.A.- 7841 of 1998 whereby and whereunder the application filed by the respondent No.1 herein was allowed.

2. The said respondent was appointed as a Staff Officer Instructor under Home (Civil Defence) Department, Government of West Bengal functioning in terms of the Civil Defence Act, 1968. The State did not frame any rule as regard the transfer of the employees. A writ application was filed by the General Secretary of West Bengal Civil Defence Service Officers' Guild against the State of West Bengal questioning certain orders of transfer which came up for consideration before G.N. Ray, J (As His Lordship then was) and by a judgment and order dated 29th August, 1989 the said application was allowed. The said decision is reported in 1999(1) CLJ 381, it was held:

"The administrative exigency and/or public interest must be fulfilled before passing the order of transfer against an employee. A transfer is a very important incidence of service and often the order of transfer which may appear innocuous cause serious