LPA No. 27 of 2009. 7.5.2009. Present: Mr.Baldev Singh, counsel for the appellant. Mr.Virender Verma, counsel for respondent No.1. CMP(M) No.196 of 2009: For the reasons stated in the application, the same is allowed and the delay in filing the appeal is condoned. The application stands disposed of accordingly. LPA No.27 of 2009: This appeal is directed against the judgment of the learned Single Judge delivered in CWP(T) No.1886 of 2008, decided on 26.12.2008. There is no need to admit this appeal since even according to the appellant, respondent No.2 has already been adjusted at some other place and the matter is only of academic relevance. The only grievance of Shri Baldev Singh, learned counsel for the appellant, is that the guidelines issued in respect of transfers have no statutory force and cannot be enforced by the Court. In fact, the learned Single Judge has also held that the transfer policy is not statutory in nature. However, once an employer frames a policy, any deviation from such policy must be justified and the learned Single Judge was right in holding that some justification should have been given. We also find that the appellant-Board has taken contradictory pleas before the learned Single Judge. In respect to the transfer of respondent No.2, the stand of the Board was that because the policy mandated that a person with less than two years to superannuate should be transferred only at a place of his choice, they accepted the representation of respondent No.2. Once the Board itself was relying upon the policy, it could -2- not then say that the other side could not rely upon the other portion of the same policy. In fact, the foundation of the case of the Board is without any basis. The respondent No.2 had not been transferred. He had been promoted as Senior Executive Engineer and on promotion, had been posted. This is not a transfer contemplated under the transfer policy. Therefore, there is no merit in the appeal filed by the appellant-Board which is rejected. In view of the final disposal of the main appeal, all the pending applications, if any, shall also stand disposed of. (Deepak Gupta), Judge . May 7, 2009. (V.K. Ahuja), (TILAK) Judge.