Circulars and orders issued by the government regarding transfer of employees do not give any legally enforceable right to government employees and are only guidelines for the competent authorities.

The present appeal has been filed against the judgment of the learned Single Judge in Civil Rule No. 903 of 1994 dated 13th May, 1994.

2. The petitioner/appellant was appointed as Hostel Superintendent-cum-Pbysical Training Instructor and posted at Industrial Training Institute (III), Dinkona, District Cachar. Thereafter, he was transferred to various places in the different years aud is now posted at Gauhati, in the district of Kamrup. By the impugned order dated 15.2.94, the petitioner has been transferred to Regional Industrial Training Institute, Tinsukia by respondent No. 2 and by the same order, respondent No. 4 has been transferred from Tinsukia to Gauhati in place of appellant/petitioner. It is this order of transfer which was challenged by the petitioner by filing Civil Rule No. 903 of 1994 on the ground that the transfer order was in violation of the Government order/circular issued from time to time in connection with transfer of the employees and also that the petitioner could not be transferred as his wife was also serving at Gauhati in the district of Kararup and in view of the specific circular of the Government that in case the husband and wife are in Govern­ment service, they will be retained in the same place as far as possible. The learned Single Judge negativated the contentions raised by the petitioner/ appellant an 1 according to the findings t e transfer order is not arbitrary and malafide and the petitioner/appellant as a Government employee is bound to comply with the order of transfer.

3. Learned counsel for the petitioner/appellant has challenged before us that the order is arbitrary, inasmuch, as the same has been passed to accom­modate the respondent No. 4, even though there was a ban on transfer during the period of passing the impugned order of transfer in so far as the petitioner/ appellant was concerned. It has also been strenuously urged that before passing the transfer order, the matter should have been referred to the Chief Minister under the ban circular letter referred to above.

4. We have heard Mr. DP Chaliha, learned Government Advocate appearing for the State of Assam and counsel representing the appellant and we propose to dispose of the same finally at the admission stage.

5. The first question which arises for consideration before us is whether the circulars/orders which have been issued from time to time by the State Government give any legally enforceable right to the petitioner/appellant or they are only guidelines for the competent authorities, while the transfers are being made.

6. The aforesaid precise controversy came up before the Apex Court in the case of Union of India & others vs. SL Abbas, (1993) 4 Supreme Court Cases 357. It was held that :

"Who should be transferred where, is a matter for the appropriate authority to decide. Unless the order of transfer is vitiated by mala fide or is made in violation of any statutory provisions, the Court cannot interfere with it. While ordering the transfer, there is no doubt, the authority must keep in mind the guide lines issued by the Government on the subject. Similarly, if a person makes any representation with respect to his transfer, the appropriate authority must consider the same having regard to the exigencies of administration. The guidelines say that as far as possible, husband and wife must be posted at the same place. The same guideline however does not confer upon the Government employee a legally enforceable right," (emphasis supplied).

7. A Division Bench of this Court in the case of Shri Narayan Bhattacharjee vs. The State of Tripura & others, (1988) 2 GLR 247 [1988 (2) GLJ NOC 1] has also held :

“Before us a catena of decisions have been placed regarding power of the writ Court in interfering with the orders of transfer passed by a competent authority.

We may summarise as follows :

"(a) The Government or its functionaries have power to transfer its employees employed in at transferable po