IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 2050 of 2010 Date of decision: 19.6.2010 Hari Chand ….. Petitioner. Vs. State of H.P. and others …. Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Kuldip Singh, Judge. For the Petitioner : Mr. Kul Bhushan Khajuria, Advocate. For the Respondents : Mr. R.K.Sharma, Sr. Additional Advocate General. Justice Kurian Joseph, C.J. (Oral) The petitioner has approached this Court for quashing Annexure R-1 office order dated 13.4.2010 whereby the petitioner has been transferred from I&PH Sub Division, Tissa (Salooni Division) to I&PH Sub Division, Bhalaie (Salooni Division) with immediate effect. The petitioner is a Beldar. The petitioner had earlier approached the Tribunal when he was transferred out of his cadre. That application was disposed of by this Court vide order dated 3.11.2009 with liberty to the Department to transfer the petitioner. But it was made clear that the transfer shall not be out of cadre. 2. It is seen from the impugned order that transfer is effected pursuant to the decision referred above by reserving the liberty to the respondents to transfer the petitioner, this Court has not meant or 2 ordered that the petitioner should be transferred. The transfer should be for some reasons or for some purpose. Otherwise in other words, there should be some justification in the transfer order. The order of transfer itself cannot be said to be justification. This Court has not issued any direction to transfer the petitioner. Therefore, we set-aside Annexure R-1 order dated 13.4.2010. If there is any other justification for the transfer, it will be open to the respondents to transfer the petitioner. However, we make it clear that if such transfer is made, it shall be based on a policy particularly keeping in mind as to whether there are other seniors to the petitioner, who have served longer tenure at the station. The writ petition is disposed of on above terms. (Justice Kurian Joseph), Chief Justice. June 19 , 2010 (Justice Kuldip Singh), (GR) Judge.