M.C. JATN, J.—The petitioner by this writ petition seeks to quash the order of his transfer dated June 19, 1981 on the grounds that it is contrary to tenure policy and it is discriminatory in nature, inasmuch as, the petitioner has been singled out by transferring him from Jodhpur to Kalikonda, whereas persons similarly situated have not been disturbed and that transfer is mala fide and with extraneous considerations.

2. The petitioner was recruited to the Indian Air Force in January 1963 as Air Craftman. The petitioner joined No. 32 Wing at Jodhpur on being transferred from hard learing Area No. 3 PBSU, C/O 56 APO on June 22, 1979. There-after, he was promoted as Sergeant in Air Traffic Control (ATC), No. 32 Wing on July25, 1979. The petitioner made several representations (Annexures 1 to 7A) against his order of transfer, but to not effect. So the petitioner has approached this Court to challenge the order of his transfer on the above grounds.

3. The petitioner also submitted an application that his representation for cancellation of posting has been wrongly rejected by the Section Commander and Air Officer Commanding (A.D.C.) at Jodhpur, whereas the authorities at Jodhpur forwarded the application of posting on compassionate grounds of the persons similarly situated to the Air Force Record Office, Delhi and Air Head-quarter, New Delhi. Thus, the representations of cancellation of posting has been rejected arbitrarily and the rejection of the representation is also discriminatory. The petitioner in the writ petition referred to tenure policy as contained in Annexure-9 dated January 13, 1979 and Annexure-10 dated April 25, 1979 accompanied with performa of the application for change of tenure at normal stations Appendix A to 32 W/C 1502/9/P3 (Anx. 10A) I need not refer to the contents of the tenure policy as contained in Annexures 9 and 10. For these policies stand revised as stated by the respondents in the preliminary reply as well as the final reply.

4. The respondents first submitted the preliminary reply on August 17, 1981 and along with that produced instructions regarding the tenure policy dated March 28, 1979 (Anx. R/8) in continuation of letter dated March 17,1979 and further produced Annexure R/2 dated August 9, 1979. Along with the final reply, the respondents further submitted the instructions relating to the posting tenures and compassionate posting dated June 10, 1980 (Anx. R/3). The respondents, in their final reply averred that the petitioner was enrolled as Combatant Air-man and is governed by the provisions of the Air - Force Act, 1950 (for short the Act). The petitioner was attested as required by section 16 of the Act, according to the mode provided under section 17 of the Act. The petitioner was attested and was administered oath to the effect that he will bear true allegiance to the Constitution of India and that he will serve in the Air Force and go where ever he is ordered by land, sea or air and he will obey all commands of any officer set over him, even to the peril of his life. In view of the petitioners attestation and oath, it is not open to the petitioner to question his posting order dated June 19, 1981. The tenure policy is subject to the provisions of the Act and can not over-ride the statutory provisions of the Act.

5. As regards the tenure policy, it was averred that it is only in the nature of executive instruction and has no force of law. The tenure policy is not justiciable or enforceable at law. It has not been framed under Art. 309 of the Constitution or any other statute. The grounds on which the order of transfer is challenged were refuted and it was alleged that the posting order has been issued by the Air Force Record Office (AFRD), after taking into consideration, the service requirements, the total stay at Jodhpur and in Rajasthan The petitioner from time to time applied for posting in Rajasthan particularly at Jodhpur and on his request, he was posted at Jodhpur. The petitioner had a

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