CWP No.1869 of 2008. 15.12.2008 Present: Mr. Jagdish Thakur, Advocate, for the petitioner. Mr. R.K.Bawa, Advocate General with Mr. J.K.Verma, Dy. AG, for the respondents. This Writ Petition is directed against the order of transfer of the petitioner dated 29th September, 2008. In case of mid-term transfers, the condition precedent in such matters is the permission of the Chief Executive, which was not obtained. We are of the considered opinion that the lacunas cannot be filled up by the State by taking subsequent permission of the Chief Executive. It only amounts to not following the condition precedent as prescribed. In response, the State has taken stand that the petitioner is an efficient government servant and learned counsel for the petitioner has proved the same by making statement before this Court that he was adjusted on compassionate grounds for the present posting in the month of April, 2008, however, he has no objection to go and join new place of posting till the examination of his daughter are over. This is a fair statement. Accordingly, we hope and trust that such Officers be treated by the State in a fair manner. Since the learned counsel for the petitioner has submitted that the petitioner will comply with the transfer order and is ready to join in the first week of April, 2009 at the new place of posting, we dispose of this petition with the observation that the petitioner continue till the examination of his daughter are over. Before we part, we would like to make an observation that no mid-term transfer be made before the permission of the Chief Executive is taken. With these observations, the petition stands disposed of, so also the pending application(s), if any. (Jagdish Bhalla), C.J. December 15, 2008. ( Kuldip Singh ), J. (ks)