JASRAJ CHOPRA, J.—By this writ petition under Art. 226 of the Constitution, the petitioner Dr. Dhannaram has challenged the Order Ex. 7 dated 28 12.19 8, by which, the petitioner has been transferred from Rajaldesar to Chandan in District Jaisalmer as Incharge Veterinary Hospital and in his place, Dr. Mahesh Prakash Gupta (respondent No. 3) has been transferred from Chandan to Rajaldesar in District Churu as Incharge, Veterinary Hospital, Rajaldesar.

2. The facts necessary to be noticed for the disposal of this writ petition briefly stated are: that earlier, the petitioner was posted as Veterinary Doctor in Ratangarh for the past about 12 years Thereafter, he was transferred from Ratangarh to Sadri in District Pali vide Order Ex. 2 dated 27. 2. 1988 The petitioner did not join his duties at Sadri and proceeded on medical leave upto .21.5. 1988. He joined back his duties at Ratangarh after his transfer order Ex. 2 was kept in abeyance. Thereafter, vide Order Ex. 4 dated 8.8.1988, the petitioner was again transferred from Ratangarh to village Chandan in District Jaisalmer and he again proceeded on leave. He made representations to the Govt. and thereafter, his transfer order from Ratangarh to Chandan was cancelled and he was transferred back to Rajaldesar vide Order Ex. 6 dated 30 9.1988. The petitioner resumed his duties at Rajaldesar and while he was working there, he was again transferred from Rajaldesar to village Chandan in District Jaisalmer vide Order Ex. 7 dated 28.12.1988, which is under challenge in this writ petition.

3. The grounds on which the petitioner has avoided these transfer orders are that he has a large family settled at Ratangarh having six children beside his wife and mother aged about 94 years. It is alleged that his wife has been recently operated. This operation took place way back on 12.11.1987 and she was discharged from the Hospital on 18.12 1987. She was operated for hystarectomy. The petitioner has further submitted that his mother is sick for the last many years and he is the sole member in the family to look after her. According to the petitioner, he is going to retire within two years and so, as per the policy of the Govt., he cannot be transferred from his present place of posting. The petitioner has also submitted that his children are reading at Ratangarh and his transfer at this juncture will adversely affect their studies. It was on the basis of these grounds that the petitioner made representations to the Govt. and on two occasions, his transfer orders were cancelled but after his transfer to Chandan from Rajaldesar vide Order Annexure-7 dated 28.12.1988, the Government has refused to accept his contentions and, therefore, he has come before this Court in this writ petition. As per him this transfer order has been made to accommodate respondent No. 3 and, therefore, it is per-se illegal. Moreover, he has complained that respondent No. 3 after his transfer from Rajaldesar to Chandan has not joined at Chandan and has managed to got his transfer order cancelled and thereafter, joined his duties back at Rajaldesar.

4. No return has been filed on behalf of the State of Rajasthan but respondent No. 3 has filed a return. He has submitted that all the grounds taken by the petitioner to got himself transferred back to Rajaldesar are wrong, false and based on mis-statement and suppression of facts. He has submitted that petitioners wife was operated on 12.11.1987 and she was discharged from the Hospital on 18.12.1987. She cannot have any problem to move out of Ratangarh at this juncture. He has further submitted that the petitioners mother is not residing with him but she is residing at Bikaner with his youngest brother. It was also submitted that the transfer orders of the petitioner i.e. Ex. 2, Ex. 4 and Ex. 7 have not been passed within two years from the date of his retirement. It has been contended by respondent No. 3 that the petitioner has four sorts and two daughters. His eldest son who is aged

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