1. The petitioner has approached this Court challenging order dated 01.11.2013 whereby the respondent no. 6 has been transferred.

2. Heard learned counsel appearing for the parties and perused

3. Mr. Sohail Anwar, learned Senior counsel appearing for the documents on record. petitioner has submitted that although there is no statutory rules framed however, the guidelines issued on 25.10.1980 provides that normally an employee would not be transferred before three years. The learned Senior counsel has relied on a decision of this Court in “Uttam Kujur v. State of Jharkhand & Ors.”, reported in 2008 (2) JCR 306, the relevant paragraphs of which are extracted below :

11. “The natural corollary of the above observation is that where operative guidelines or rules are in place and the transfer is made in violation of any such operative guidelines or rules, interference in exercise of writ jurisdiction is warranted. Though the Apex Court has used the terminology “guidelines”, the same has been placed at par with the rules. In the case of State of Gujarat v. Akhilesh C. Bhargav, reported in (1987) 4 SCC 482, it has been held that the executive instructions issued to fill up the gap in