1 S.B. CIVIL WRIT PETITION NO.3973/2008 (Smt. Kaushalya Punjabi Vs. State of Raj. & Ors.) Date of order :: 06.07.2009 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.Mahesh Bora, for the petitioner. Mr.H.S.Sidhu, for the respondent. Mr.Yashpal Khileri, AGA. Heard the learned counsel for the petitioner. In this writ petition, the petitioner has challenged an action of respondents whereby petitioner was ordered to be disturbed from the present posting. Learned counsel for the petitioner vehemently argued that there was no transfer order against the petitioner but due to a note given in the transfer order respondents are releaving her from the present posting which is not permissible under the law. I have perused the impugned order. Obviously in the impugned transfer order the name of petitioner is not appearing but due to the note No. 3 of the impugned order there is assertion to shift the employee who was working for long time in the office. 2 In this matter on 1st July 2008 interim order was passed whereby it was ordered that petitioner shall not be disturbed from her present place of posting that order is still in the existence. Today this petition has come up for hearing on application filed under Article 226(3) of the Constitution of India by the applicant-respondent No. 5. In my opinion obviously there is no specific order against the petitioner for transfer but contention of the petitioner is that she will be disturbed on the basis of note No. 3. As per rules the employer is always having jurisdiction to transfer its employee but for the said purpose there must be specific order therefore in my opinion petitioner cannot be disturbed on the basis of impugned order dated 20.06.08 Annexure 1 in which petitioner's name is not appeared however, any employee can be transferred by specific order. In this view of the matter, this writ petition is disposed of with the direction that petitioner shall not be disturbed from the present posting in pursuance of Annexure 1 dated 3 20.06.2008, however,if any administrative exigency arrised in future respondents can pass specific order for transfer. No order as to costs. (GOPAL KRISHAN VYAS),J. Bharti Bharti