By the Court.—Heard Sri U.N. Sharma, learned Senior Advocate assisted by Sri Chandan Sharma, learned counsel appearing for the petitioner and learned Standing Counsel for the respondents.

2. Sri Sharma contended that the petitioner was posted at Gautambudh Nagar only in July, 2008 and without assigning any reason within a span of seven months he has been transferred as Deputy Commissioner, Division-4, Basti which is wholly arbitrary and shows non-application of mind on the part of the competent authority. He further contended that the impugned order of transfer is also in violation of the Government Order dated 15.5.2008 laying down policy of transfer for the session 2008-09 which in para 9(7) provides that the handicapped persons or such employees whose dependants family members are effected from handicappedness shall be exempted from the normal transfer i.e. routine transfer. It is contended that the petitioner is handicapped as his both legs are amputated and, therefore, he ought to have been exempted from the normal transfer.

3. Learned Standing Counsel on the contrary after receiving instructions from the department has produced before us the recommendation of the Addi