IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Writ Petition No. 9544 of 2009 DATE OF DECISION : OCTOBER 28, 2009 CONSTABLE AVTAR SINGH 3C/512 & ORS. ....... PETITIONER(S) VERSUS STATE OF PUNJAB & ORS. .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. Amit Jhanji, Advocate, for the petitioner(s). Mr. BS Chahal, DAG, Punjab. AJAI LAMBA, J. (Oral) This petition under Articles 226/227 of the Constitution of India has been filed praying for issuance of a writ in the nature of certiorari quashing order dated 25.6.2009 (Annexure P-2), vide which the Constables who have joined Commando Wing in Punjab Police later than the petitioners, have been allowed to be transferred to the District Police. The essence of the contention of the learned counsel for the petitioners is that, the petitioners who are serving in the Commando Wing Civil Writ Petition No. 9544 of 2009 2 of Punjab Police, want to be transferred to the District Police. It has further been contended that only the length of service in the Commando Wing is required to be taken into account, whereas the respondents are taking into account the total length of service of a person in the police force for sending a person from Commando Wing to the District Police. The stand taken by the learned counsel for the respondent- State, on the basis of the written statement, is to the effect that the Director General of Police, Punjab, vide memo dated 11.6.2009 has issued directions to take seniority of the Commando Trained Constables on the basis of total length of service for their transfer from Commando Formation to District Police. It has specifically been stated that there has been no discrimination. In para-5 of the reply on merits, it has been stated that “No junior constable in length of service to the petitioner has been posted out from Commando Formation to District Police”. I have considered the issue. Learned counsel for the petitioners has not been able to dispute the fact that it is merely transfer which has been challenged. The perks and the status of the persons remain the same. It is further not in dispute that it is a transferable post. Considering the law on transfer to the effect that transfer of an employee is not only an incident inherent in the terms of appointment but also implicit as an essential condition of service in the absence of any specific indication to the contra in the law governing or conditions of service, no ground for interference in writ jurisdiction is made out. It has not been shown that the transfer is an outcome of a mala fide exercise of Civil Writ Petition No. 9544 of 2009 3 power or violative of any statutory provision. All that is to be seen by the Court is that the official status is not adversely affected and there is no infraction of any career prospects such as seniority, scale of pay and secured emoluments. It being the admitted position that the official status and other service conditions remain the same, this petition is dismissed. October 28, 2009 ( AJAI LAMBA ) Kang JUDGE 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?