Arun Chandra Upadhyay, J.

1. Heard Mr. B.C. Das, learned senior counsel assisted by Mrs. R. Borah, learned Counsel for the Petitioner. Also heard Dr. B. Ahmed, learned standing counsel representing the Irrigation Department, Govt. of Assam as well as Mr. C. Baruah, learned Counsel for the Respondent No. 5.

2. By this application under Article 226 of the Constitution of India, the Petitioner has challenged the transfer order dated 28.08.2009 issued by the Respondent authority, on the ground of arbitrariness, lack of public interest and for being violative of the transfer policy formulated by the Government of Assam.

3. Facts leading to filing of this writ petition may be stated briefly as follows:

The Petitioner, is working as Assistant Executive Engineer at Sibsagar Mechanical Sub-Division at Sibsagar, since 18.02.2009. Prior to his posting at Sibsagar, Petitioner worked in Dibrugarh Mechanical Division (I), Dibrugarh, for more than three years and thereafter he was transferred to Sibsagar, just before the last general election.

4. The Respondent No. 2 by the impugned order dated 28.08.2009, transferred the Petitioner from Sibsagar Mechanical Sub-Division to Upper Assam Drilling Division (I). Jorhat in the same capacity within six months from the date of earlier transfer. Thus apparently, ho has not completed the normal tenure of three years in the present place of posting. On receiving the transfer order, the Petitioner submitted a representation before the Respondent No. 2, requesting him to stay and/or modify the said transfer order. However, the Respondent No. 2 has not so far disposed of the representation submitted by the Petitioner. It has been submitted on behalf of the Petitioner that since the Petitioner has not completed three years of normal tenure in his present place of posting, he could not have been transferred without obtaining the approval of the Hon'ble Chief Minister, Assam, in terms of the guidelines/instructions issued by the State Respondents regulating the transfer of Government employees.

5. The Petitioner submitted that the impugned transfer order was issued arbitrarily by Respondent No. 2 at the behest of some political leaders, without obtaining prior approval of the Chief Minister, Assam and in violation of the transfer policy of the State Government.

6. The Petitioner further submits that during the last general election, officers of the Irrigation Department were transferred by an order dated 18.02.2009, in terms of guidelines issued by the Election Commission of India. After the election was over, some of the officers wanted to go back to their respective earlier places of postings. The Petitioner, having come to know about such arrangements having been hatched by the officers, submitted application to the Respondent No. 2 through the Executive Engineer, Jorhat, Mechanical Division (Irrigation), on 05.06.2009, requesting not to transfer him from Sibsagar till completion of his normal tenure of three years in the place of posting. The Petitioner further stated that he was also given assurance by the Respondent No. 2 that there was no proposal to transfer him from the present place of posting.

Despite such assurances the Petitioner was transferred by issuing the impugned transfer order. The Petitioner further stated that immediately after the transfer order, he had submitted a representation apprising the Respondent No. 2 regarding his difficulties in complying with the said transfer order and requested to stay the said transfer order. But the representation was kept pending before the Respondent No. 2.

7. It is submitted on behalf of the Petitioner that on receipt of the copy of the transfer order dated 28.08.2009, issued by the Respondent No. 2, the Petitioner came to know that the Respondent No. 2 issued the impugned transfer order on 28.08.2009, transferring the Petitioner from Sibsagar to Jorhat against the post held by one Sri Anup Kumar Baruah (Respondent No. 5). The Petitioner could gather