IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.18215 OF 2011 Date:30.06.2011 Between:- Mir Basheeruddin .. Petitioner And The Government of India, rep.by its Secretary, New Delhi and others. .. Respondents THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.18215 OF 2011 ORDER: This writ petition has been filed under Article 226 of the Constitution of India, seeking to issue a writ of Mandamus declaring the action of respondent No.2 in transferring the petitioner on promotion before completion of normal tenure of 12 years in the same Sector as contemplated in Para No.6(b) of CRPF Standing Order 02/2011 to the rank of Sub-Inspector (Ministerial) from Southern Zone to North East Zone vide respondent No.2 promotion order No.P.VII.I/2011-Min, dated 23.06.2011, as arbitrary and illegal and set aside the same as transferring the petitioner on promotion at this stage is gross violation of the guidelines for transfer policy given in the CRPF Standing Order 02/2011. 2. The brief facts that are necessary for the disposal of the present writ petition may be stated as follows: The petitioner completed only one year of his tenure at the location of respondent No.4 as against the normal tenure of four years, and so, instead of transferring him in the same southern zone in accordance to Para-1(b) of CRPF Standing Order No.02/2011, he has been transferred to North Eastern Zone. He submitted his representation, dated 24.06.2011, to respondent No.2 ventilating his grievances with a request to consider his case for transfer on promotion to the rank of Sub-Inspector to any other unit located at Hyderabad/Secunderabad i.e, to the office of Additional Director General/Inspector General/Deputy Inspector General/Group Center (H)/Group Center (RR)/99 RAF/2nd Signal Battalion and Base Hospital or permit him to continue at the same unit on promotion till the completion of his normal tenure of four years. He completed more than 20 years of his service in CRPF and on 09.06.2010, he reported on transfer at the location of respondent No.4 at Hyderabad from Group Center, CRPF, Avadi (Chennai) and got admitted his children in the school of that locality. The schedule for transfer is 1st of April every year but he was transferred on 23.06.2011 and relieved after the commencement of academic year 2011-2012. Sufficient vacancies are available at Hyderabad location for the post of Sub-Inspector (Ministerial) and there is no financial implication on the Government if he is retained at Hyderabad on promotion against the existing vacancy. Without giving an opportunity to continue for a tenure of 12 years, he has been transferred within a period of one year. Hence, this writ petition. 3. Learned counsel for the petitioner contended that the petitioner has completed only one year of tenure at the location of respondent No.4 as against the normal tenure of four years and hence, he may be adjusted in the same place where he is working and prays to set aside the impugned order. 4. Transfer is one of the incidents of service and an employee is bound to go anywhere when he is transferred. Unless malafides are attributed to the transferring authority, or the transfer is contrary to the rules, ordinarily, this Court would not interfere with an order of transfer. The petitioner was transferred not on regular basis but on promotion. On promotion, an employee has no option but to accept the transfer. Therefore, the impugned order needs no interference by this Court and the writ petition is liable to be dismissed. 5. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. ______________________ JUSTICE K.C.BHANU 30th June, 2011. AMD THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.18215 OF 2011 Date:30.06.2011 AMD