ORDER

1. The transfer of petitioner who is a contractual Ayush Medical Officer working under Rashtriya Bal Swasthya Karyakram under the aegis of National Health Mission, vide order dated 8.3.2019 vide P/2 from Community Health Centre Lahar, Disrtrict Bhind to Primary Health Centre, Indergadh, District Datia has impelled the petitioner to file this petition u/Art. 226 of the Constitution.

2. Learned counsel for the rival parties are heard on the question of admission.

3. Learned counsel for petitioner, by referring to clause 8 of Samvida Manav Sansadhan Manual, 2018 issued by the National Health Mission, M. P., contends that the said transfer confers upon petitioner right to continue at the present place of posting for at least 3 years before being subjected to transfer. It is submitted that despite petitioner not having completed 3 years tenure at the present place, the impugned order is issued transferring him elsewhere.

3.1 It is further urged that petitioner is a contractual employee and thus cannot be transferred.

3.2 It is also submitted that the impugned order is vitiated by the vice of mala fide as the same is effected to accommodate the respondent No. 5. Reliance is placed by