MC 847/2008 BEFORE HON’BLE THE CHIEF JUSTICE MR J CHELAMESWAR HON’BLE SMTI JUSTICE A HAZARIKA Heard Mr N Islam, learned counsel for the petitioner. The application is filed with the prayer as follows :- In the premises aforesaid your petitioner prays that your Lordships may be plea sed to consider the facts and circumstances of the case and after hearing the pa rties be pleased to vacate the order dated 4.2.2008 passed by this Hon’ble Court (Annexure-B) granting ad interim stay of operation of transfer order relating t o the writ petitioner and/or pass such other or further order as to your Lordshi ps may deem fit and proper. In the interim order dated 4-2-08 this court clearly indicated the reaso ns for which the interim order was being granted. The present application does n ot contain any reason which requires a re-consideration of the interim order gra nted. This court made it very clear, while granting the interim order, that if t he respondents/applicants herein seek to deviate from the policy which they have made, such a deviation is permissible provided there is a valid justification. AIR 1975 SC 984 (Dr Amarjit Singh Ahluwalia vs. The State of Punjab & Ors) 9. & Now, it is true that clause (2)(ii) of the memorandum dated 25th October, 1965 was in the nature of administrative instruction, not having the force of la w, but the State Government could not at its own sweet will depart from it witho ut rational justification & No such justification is placed before this court. On the other hand the re is valiant effort to educate this court regarding the limitations of jurisdic tion in the matters of transfer. To say the least, the application is not consis tent with the basic norms of pleadings : that is the pleadings should contain re levant factual data but not the argument. We do not see any reason to interfere with the interim order. The applic ation is dismissed with cost quantified at Rs.5000/-.