IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP(T) No. 6121 of 2008. Date of decision: 11.5.2009 Purshotam Lal …. Petitioner Versus State of H.P & anr. ….. Respondents Coram: The Hon’ble Mr. Justice Deepak Gupta, J. The Hon’ble Mr.Justice V.K.Ahuja, J. Whether approved for reporting ? No For the petitioner: Mr.Sanjeev Bhushan, Advocate. For the respondents: S/Shri R.K.Bawa, Advocate General and R.M.Bisht, Deputy Advocate General. _____________________________________________________ Deepak Gupta, J.(Oral) The petitioner by means of this writ petition has challenged the order transferring him from District Una to IRB Battalion, Bangarh. The main ground raised in the petition was that the petitioner has served at the present place of posting only for a short period and after this short period, he has been transferred. Second ground raised is that there are many other police constables posted in District Una who have had a longer tenure in the district. The petitioner alleges that a pick and choose policy has been followed and people with longer tenure have been 2 retained at Una whereas people who have shorter tenure at Una have been transferred to the Battalion at Bangarh. We need not go into the merits of the case. We find that a stay order was granted in favour of the petitioner on 13.7.2007. Due to this stay order the petitioner has spent almost two more years at Una. Prior to the aforesaid stay order granted in favour of the petitioner, the petitioner had already stayed for a number of years in or around Una. It is for the employer to decide which employee is to be posted at what place. Transfer is an incidence of service and this Court will interfere in transfer matters only if it is shown that the action is arbitrary or mala fide. In the present case, these two factors do not exist. Therefore, the petition is rejected. Stay order is vacated. All the pending CMPS, if any, are disposed of accordingly. ( Deepak Gupta ) Judge May 11, 2009 (V.K.Ahuja) (m) Judge