Point of Law: It is true that violation of transfer policy or executive order does not confer any vested right on an employee to challenge it, but the Government is bound by executive orders/policies and the guidelines are made to follow it and not to breach it without any justifiable reason.

JUDGMENT :

MANJU RANI CHAUHAN, J.

1. Heard Mr. R.S. Dubey, learned counsel for the petitioner and the learned Standing Counsel for the State-respondents.

2. This writ petition has been filed inter-alia for the following relief:

“(a) Issue a writ, order or direction in the nature of certiorari quashing the order dated 30.10.2021 passed by respondent no. 2 (Annexure No. 8) as well as order dated 25.11.2021 (Annexure No. 9), passed by respondent no. 4 and further directed to respondents to not transfer the petitioner from district Deoria to District Banda.”

3. Learned counsel for the petitioner submits that initially, the petitioner, who was posted as Junior Assistant at C.H.C. Mahen, District-Deoria, was transferred to C.M.O. Banda and on the same date by another order dated 15.07.2021, the petitioner was transferred from C.M.O. Mahen, Deoria to the office of C.M.O. Deoria. However, vide order dated 05.08.2021, the Chief Medical Officer, Deoria has required the petitioner to join as Senior Assistant at his office at District-Deoria, pursuant to which the petitioner has joined at the office of respondent no. 4-Additional Chief Medical Officer, Transport Protocol, Deoria, District-Deoria on 10.08.2021. Subsequently, due to some confusion, two orders have been passed wherein the petitioner has shown absconding as one of the orders dated 15.07.2021 required the petitioner to join at Banda. He further submits that by impugned order dated 30.10.2021, the petitioner, who is working as Senior Assistant has been transferred from District-Deoria to Banda on the ground that he remained there nearly since 20 years, which is against the Government Policy. The petitioner vide order dated 25.11.2021 has been relieved from the office of respondent no. 4, however, he could not join at the place of posting as he had met with an accident and is on medical leave. He further submits that transfer of the petitioner is in violation of the transfer policy of the State Government as the petitioner has been transferred second time within three months, therefore, the aforesaid impugned orders are not sustainable in the eye of law.

4. Per contra, learned Standing Counsel for the State-respondents submits that there is no illegality in the transfer order as the petitioner has been transferred on the ground that he has remained at Deoria since last 20 years. Even otherwise, he was transferred from Deoria where he was working as Junior Assistant and has now been posted as Senior Assistant at Banda.

5. The law on the transfer is too settled to reiterate that if the transfer is made contrary to transfer policy or executive order, it does not confer any vested right upon an employee to challenge it.

6. The reference may be made to the judgment of the Apex Court in the Case of B. Varadha Rao vs. State of Karnataka and Others, (1986) 4 SCC 131, wherein it has been held that the occasion to consider a short point whether an order of transfer is appealable under Rule 19 of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957, and the Supreme Court held in paragraphs-4 and 6 as under:

“4............It is well understood that transfer of a government servant who is appointed to a particular cadre of transferable posts from one place to another is an ordinary incident of service and therefore does not result in any alteration of any of the conditions of service to his disadvantage. That a government servant is liable to be transferred to a similar post in the same cadre is a normal feature and incident of government service and no government servant can claim to remain in a particular place or in a particular post unless, of course, his appointment itself is to a specified, non-transferable post.

6............But, at the same time, it cannot be forgotten that so far as superior or more responsible posts are concerned, continued posting at one station or in one department of the government is not conducive to good administration. It creates vested interes