( 1 ) THIS special appeal has been filed against the judgment and order dated 2. 11. 2004 of the learned Judge disposing of the Writ Petition No. 46. 40 of 2004 filed by the petitioner against the order of transfer dated 11. 10. 2004 by directing that the petitioner will be permitted to remain in varanasi up to 31st May, 2005 considering the interest of children who are of the school going age in view of the undertaking given by the learned counsel for the petitioner on behalf of his client.

( 2 ) SHRI M. D. Mishra, learned counsel for the appellant has submitted that petitioner-appellant is a class IV employee and he could bot be transferred in view of the transfer policy unless he has prayed in writing for transfer or he is being promoted; petitioner-appellant belongs to the scheduled Tribes and therefore, as per the Government Order contained in Annex. 2a, it was not permissible to transfer him; petitioner-appellant had been transferred in the mid academic session which had adversely affected the education of his children; transfer is because of mala fide of the higher authorities because of the fact that petitioner is a Scheduled Tribe candidate and other pers