JUDGMENT :

BIREN VAISHNAV, J.

1. Heard Mr. Anand Sharma learned advocate for the petitioner and Mr. Paritosh Gupta learned advocate for the respondent.

2. Under challenge in this petition is the order dated 01.09.2020 passed by the respondent transferring the petitioner from Baroda to Bhanvad, Porbandar.

3. Mr. Anand Sharma learned counsel for the petitioner would submit that the career growth of the petitioner itself is frustrated on account of the details narrated in the petition inasmuch as, in past five years, the petitioner has been transferred six times and which transfers have happened over significant geographic distances without completion of normal tenure prescribed under the policy.

4. Intervening circumstances inasmuch as petitioner's father's heart surgery, the undue stress that has been caused on account of such transfers and on which ground the order of transfer is challenged. Frequent transfers, according to Mr. Sharma amount to arbitrary discharge of powers and are not routed and sound rational.

5. Mr. Sharma would submit that the transfer policy is not applicable in case of employee who has been promoted to MMGS-2 on 24.04.2020 and the same policy applies only to scale