HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.17570 of 2009 ORDER: This writ petition is filed seeking a writ of Mandamus declaring the transfer policy of respondents and the inaction in effecting the promotions to the positions of L1 to L2 and L3 onwards as arbitrary and illegal. The petitioners assert that they are appointed under contract basis in L1 cadre by the first respondent Organization. They further state that the respondents have evolved a transfer policy to transfer their employees to a far off places. Their main grievance is that the transfer guidelines have been formulated with all harsh and prejudicial conditions and that the said policy itself is illegal and arbitrary. Hence, this writ petition. Heard both sides. As seen from the record, it is clear that this writ petition is filed challenging the transfer policy formulated in the year 2009, but subsequently the Government has formulated a new transfer policy in the year 2011 and pursuant thereto, the transfers of the employees are being effected. It is well established that the remedy provided for in Article 226 of the Constitution of India is a discretionary remedy and the High Court has always discretion to refuse to grant such a relief in certain circumstances even though a legal right might have been infringed. Availability of an alternative remedy is one of such considerations, which the High Court may take into account in refusing to exercise jurisdiction. Admittedly, against the transfer policy formulated in the year 2011, the petitioners have an effective alternative remedy of filing appeal as per law and, as such, they can avail the said remedy. Accordingly, this writ petition is disposed of granting liberty to the petitioners to file an appeal against the transfer policy formulated in the year 2011 before the authority concerned, as provided under law. The interim order granted in this writ petition on 24.08.2009 and extended on 07.09.2009 in WPMP.No.23047 of 2009 is duly vacated. No costs. __________________ JUSTICE K.C.BHANU 13.06.2011 v v