IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 3517 of 2009 Decided on: 23.11.2010 Yachna Gupta …. Petitioner Versus State of H.P. & Ors. … Respondents Coram : The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Ahuja, Judge For the petitioner: Mr. B.C. Negi, Advocate. For the respondents: Mr. R.K. Bawa, Advocate General with Mr. Ankush Dass Sood, Additional Advocate General, for respondents No. 1 to 4. . Justice Kurian Joseph, C.J. (Oral): The petitioner is aggrieved by Annexure P-3 order of transfer. The petitioner is a Para Teacher. It is seen that the petitioner has been posted at the place of the 5th respondent and the fifth respondent has been transferred in place of the petitioner. The transfer is not justified in terms of Annexure P- 4 Office Memorandum, wherein it is stated that the Para Teachers who have completed 5 years at one place of posting will be eligible for transfer on need basis whereever required on administrative grounds. It is stated in the reply that the petitioner had already completed 5 years service and hence she was transferred. We are afraid that the stand cannot be appreciated. In Annexure P-4 guideline, only a Para Teacher who has 2 completed 5 years service is eligible to apply for transfer. That guideline cannot be taken to mean that after 5 years the Para Teacher will be transferred unless the transfer is needed or required on any request. No such need or requirement on administrative grounds is seen for the transfer. The same is made only on account of the fact that the fifth respondent had completed 5 years, that is, warranted in terms of Annexure P-4. Therefore, the impugned order is set aside. 2. With the above observations, the writ petition stands disposed of, so also the pending application(s), if any. Copy dasti. (Justice Kurian Joseph), Chief Justice (Justice V.K. Ahuja ), November 23, 2010 Judge (SDS/BSS)