C.W.P No. 1701/2008 9.7.2009 Present: Mr. Dalip K. Sharma, counsel for the petitioner. Mr. Baldev Singh, counsel for the respondent. Pursuant to our order dated 20th May, 2009, respondent-Board has filed the affidavit. In the said affidavit, it is stated that there is no written policy framed by the Board for transfer of daily rated employees. In respect of the present case, it has been specifically averred that 45 clerks were working in Electric Division No. 1 at Shimla whereas there were only 44 sanctioned posts in the Said Division. Obviously, one person was surplus and therefore, at present petitioner was surplus of his being daily wager and he had been adjusted at Nahan. We find nothing illegal in this order. Since there was no available post, the petitioner’s services could have been terminated but the Board has adjusted the petitioner in some other Division at Nahan. This action calls for no interference. The writ petition is rejected. The petitioner is however, at liberty to make representation to re-transfer him at Shimla as and when there is vacant post at Shimla. Such representation, if made within four weeks from today, shall be considered by the Board on its own merits keeping view the public interest and administrative exigencies. (Deepak Gupta), J (Surinder Singh),J July 9, 2009 (cm)