CWP No. 641 of 2009. 10.3.2009. Present: Mr.Paras Doger, counsel for the petitioner. Mr.R.K. Bawa, Advocate General, with Mr.J.K. Verma, Dy.A.G., for the respondents. CMP No.1143 of 2009: Allowed. CWP No.641 of 2009: This petition under Article 226 of the Constitution of India has been filed by the petitioner, who is working as Junior Engineer (Civil) in the Public Works Department, challenging his transfer from Sarkaghat Division to Solan Division. Only two grounds have been raised in the petition. Firstly that the petitioner has only served at Sarkaghat for about two years which is less than the normal tenure of three years and secondly that the order in question was passed after the Model Code of Conduct in respect of ensuing elections to the Lok Sabha came into force. As far as the first ground is concerned, it is well settled law that no employee has a vested right to remain posted at one particular place. The normal tenure of three years is in the nature of guidelines and it does not debar the Government to transfer an employee before the period of three years has expired in the case of administrative exigencies and public interest. In the present case, no allegations of mala fide have been made in respect of transfer. CWP No. 641 of 2009. -2- As far as the second ground is concerned, the notification in respect of the elections is stated to have been issued on 2nd March, 2009 at 3.30 p.m. At what time this was conveyed to the State Government is also not known. The orders issued on 2nd March, 2009, prior to the announcement of the elections, cannot be said to be hit by Model Code of Conduct. There is no material on record to show as to what was the time at which the order in the present case was issued. It must be presumed that it was issued prior to the Model Code of Conduct being enforced. We, therefore, find no merit in the petition which is rejected. CMP No.1142 of 2009: Infructuous. (Deepak Gupta), Judge . March 10, 2009. (V.K. Ahuja), (TILAK) Judge.