Transfer is an incidence of service and can be made in public interest or exigency of service, and administrative guidelines do not confer legally enforceable rights unless vitiated by malafides or in violation of statutory provisions.

Kuldip Singh, Judge.-Petitioner has filed this Petition, praying therein a direction to respondent No. 2 to consider cancellation of transfer order Annexure A-2, dated 07.08.2006 and allow the petitioner a minimum tenure of posting at Government Senior Secondary School (GSSS), Hatli, Una, as per Government Policy on transfer of its employees or in the alternative quash and set aside Annexure A-2.

2. The facts, in brief, are that petitioner filed Original Application No.2623 of 2006 before Himachal Pradesh Administrative Tribunal which was abolished vide notification dated 8th July, 2008.Thereafter, the Original Application was transferred to this Court in Whether the reporters of the local papers may be allowed to see the Judgment? Yes. view of the Himachal Pradesh Administrative Tribunal (transfer of decided and pending cases and applications) Act, 2008 and was registered as CWP(T) No.3480 of 2008.

3. The pleaded case of the petitioner is that in April, 2006, he was transferred by respondent No.2 from GSSS, Saroh, Una to GSSS, Hatli, Una, on his request. He joined at GSSS, Hatli on 10.05.2006. The respondent No.2 in less than three months of the joining of petitioner, again transferred the petitioner from GSSS, Hatli to GSSS, Ambehra Dheer, Una vide order dated 07.08.2006, Annexure A-2.

4. The transfer order, Annexure A-2, has been assailed on the grounds of arbitrariness and not in public interest, in as much as no substitute of the petitioner was provided at Hatli. The transfer order is not on the basis of some valid administrative ground or exigency of service. It must be for some extraneous consideration to create vacancy to accommodate some person. The transfer order is malafide. It has been passed to accommodate appointee of Parents Teacher Association of GSSS, Hatli. The transfer order is in violation of Articles 14, 16 of the Constitution and is also in violation of transfer policy of the State vide which a Government servant is allowed a reasonable tenure of three to five years at one place of posting.

5. The respondents No.1 and 2 contested the petition by filing a joint reply. It has been alleged in the reply that petitioner was posted at GSSS, Saroh and he worked there from 27.08.2002 to 09.05.2006. The petitioner, on his request, was transferred from GSSS, Saroh to GSSS, Hatli. The petitioner has been transferred from GSSS, Hatli to GSSS, Ambehra Dheer with the prior approval of competent authority in public interest. The petitioner has been working within the radious of 25 Kms. since 27.08.2002 and is working in his own District since 21.07.1998. The transfer is incidence of service, the petitioner has been transferred in public interest.

6. The petitioner filed a rejoinder to the reply, wherein, he reiterated his stand and denied the case setup by respondents No.1 & 2. He has pleaded that distance between Saroh and Hatli is 28.4 Kms. The respondent No.3 was added party in the petition and she also contested the petition by filing reply. She has pleaded that she was working on P.T.A. basis as Lecturer (Hindi) in GSSS, Hatli w.e.f. 16.05.2005. The petitioner got himself adjusted only to disturb respondent No.3. As per instructions of the Government vide letter dated 23.06.2006, before issuing any transfer order or posting of teacher for filling up the vacant post, it should be ascertained by the department whether any teacher is working against that vacant post on contract basis or on P.T.A. basis and when this fact came to the notice of Director (Education), the petitioner was immediately transferred from GSSS, Hatli to GSSS, Ambehra Dheer.

7. I have heard Mr. Keshav S. Thakur, learned counsel for the petitioner, Mr. A.K. Bansal, Additional Advocate General for respondents No. 1 & 2 and Ms. Archna Dutt, Advocate, learned counsel for respondent No.3 and have gone through the record. The learned counsel for the petitioner has submitted that in less than three months from the date of joining at GSSS, Hatli