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Hon’ble Tarun Agarwala, J.—The citizens have a fundamental right to good governance which is possible only if Government servants are politically neutral and are not transferred or otherwise victimised at the instance of a political party or politician.

2. Transfer is an exigency of service. A Government employee has no choice in the matter of posting. Transfers are to be done only in administrative exigencies and in public interest. No rules have been framed as to how and when a Government servant is to be transferred. However, the State Government, from time to time, comes out with a policy, for transfer of Government servants.

3. The latest transfer policy announced by the State Government is dated 11.5.2006 for the year 2006-07 which contemplates transfer on administrative ground, transfer on account of promotion, termination and retirement. Transfer can also be made on account of personal reason of a Government servant such as medical aid, education, transfer on mutual consent of the employees, transfer to post husband and wife together. The transfer policy indicates that an employee who has completed six years in a district and ten years in a division has to be transferred away from that district or division, as the case may be.

4. The policy further contemplates that not more than 10% of the total employees would be transferred. Where an employee has completed six years in a district or ten years in a division, and in case the transfer of the employees exceeds 10%, in that event, prior approval from the concerned Minister of the Department or the Chief Minister is required to be obtained. The policy further contemplates that transfer made after the prescribed date would require approval from the Chief Minister/Minister or from a high ranking officer, depending on the category of the employee. The policy further indicates that in case of any deviation, the transfer would required approval from the Chief Minister.

5. The aforesaid policy indicates that a detailed procedure has been evolved as to how and when and under what circumstances a Government employee could be transferred. But the whole question is, whether the policy is being followed? Are the transfers made in accordance with the policy ? Is the State Government followingg its own policy?

6. No doubt, the transfer policy will have its plus points as well as its minus points. No transfer policy is perfect in the world. Therefore, even if there is some difficulty or irregularity or lapse in passing orders of transfer the same has to be ignored. It must be remembered that if an organisation has to run efficiently, sufficient flexibility is required to be given to the authority in matters of transfer of its employers, otherwise the administrative machinery may collapse. Necessary adjustments and accommodation for keeping administrative machinery in smooth gear is required at times.

7. In this light, the Courts have been consistent in their observations that the transfer policy are only guidelines without statutory force. It is not necessary that the State Government should follow its policy strictly but it should be followed as far as possible. In certain situation, the policy may not be followed and therefore, certain flexibility is given to the appropriate authority, having regard to the exigency of administration. In Union of India and others v. S.L. Abbas, JT 1993 (3) SC 678, the Supreme Court held that the guidelines does not confer the Government employee a legally enforceable right and that the authority would keep in mind the guidelines issued by the Government.

8. Consequently, the Courts normally does not interfere in the transfer orders even if there was a violation of the transfer policy/guidelines framed by the State Government.

9. In Union of India v. S.L. Abbas, JT 1993(3) SC 678; Rajendra Roy v. Union of India, AIR 1993 SC 1236, and in Union of India v. M.P. Thomas, AIR 1993 SC 1605, the Supreme Court held that the Government should not interfere