IMPORTANT POINT
The central legal point established is that transfer orders must adhere to the relevant transfer policy and notifications, and general propositions relating to challenge to a transfer order may not apply if not considered in light of specific governing notifications.

JUDGMENT

1. Impugning the transfer and posting order dated 7.7.2022 issued by the first respondent, the petitioner has filed this writ petition.

2. The facts in a nutshell are as under:

According to the petitioner, he joined service as Lecturer in Higher Secondary School, Government of Manipur, pursuant to the order dated 26.10.1988. Being an incident of service, it is stated that the petitioner always complied with the transfer and posting orders issued time and again. The petitioner was promoted as Vice Principal vide proceedings dated 30.10.2018 and was further promoted as Principal vide proceedings dated 8.3.2019. The petitioner was subjected to regular transfers while he was holding various cadres. The petitioner was working at Nambol Higher Secondary School pursuant to the transfer order dated 20.7.2019. When things stood thus, the petitioner was served with a transfer order dated 7.7.2022, transferring him to Vungzagen Higher Secondary School, Churachandpur and in his place the second respondent was posted. Hence, the present writ petition.

3. The main plank of the argument raised by learned counsel for the petitioner is that the impugned order dated 7.7.2022 has been passed in contravention of the Notification dated 12.5.2022 in supersession of the earlier Office Memorandum dated 5.12.2017 laying down certain conditions to regulate the transfer and posting of government servants. To fortify the said submission, a reference of Clause III(vii) of the said notification was made, which contemplates that two years before the retirement, the official may be posted at the Home District, but in the case on hand such consideration was never made. That apart, as per Clause III (viii) of the notification, the transfers should normally be effected only in the month of April/May, but the impugned transfer order is passed in the month of July.

4. It is further submitted that the petitioner is at the fag end of his career and is due to retire on 28.2.2023. Thus, the petitioner has about 7 months of service left and by virtue of the impugned order, he is posted at a far off place only to accommodate the second respondent. Thus, he prayed for setting aside the impugned order dated 7.7.2022.

5. Learned counsel appearing on behalf of the first respondent justified the transfer order and submitted that transfer is an incident of service and the writ court exercising jurisdiction under Article 226 of the Constitution of India must be slow to interfere with such orders.

6. Learned counsel appearing for the private respondent, who has been posted to the place held by the petitioner, justified the transfer order and further filed M.C.No.276 of 2022, to vacate the interim order dated 12.7.2022 passed by this court. To buttress his argument that a government servant cannot disobey a transfer order by not reporting at the place of posting, he placed reliance on a judgment of this court dated 22.12.2021 in W.P. (C) No.854 of 2021.

7. Heard learned counsel on either side and perused the documents available on record.

8. Before adverting to the merits of the matter, it is apposite to refer to the relevant conditions of the 'Policy for transfer and posting of government employees of the State of Manipur' issued by the Government of Manipur, Department of Personnel and Administrative Reforms, vide notification dated 12.5.2022:

'III. General Conditions:

...

(vii) As far as possible, officials may be posted at their Home District, if the Official so chooses, 2 (two) years before their retirement so as to facilitate ease in processing pension matter.

(viii) Transfers shall normally be effected in the month of April/May after the financial year is over so that disruption of work is minimal.

...'

9. The notification dated 12.5.2022 emphatically states that it is issued in supersession of the earlier policy notified on 5.12.2017. It is beyond any demur that the notification dated 12.5.2022 is governing the transfer and postings of government servants.

10. In the case on h