IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 4376 of 2010 Date of Decision: 12.3.2010. Ranbir Singh --Petitioner Versus State of Haryana and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. S.K. Redhu, Advocate for the petitioner. *** PERMOD KOHLI.J (ORAL) The petitioner is aggrieved of his transfer vide order dated 26.2.2010 (Annexure P-3), whereby he has been transferred from Rohtak to Karnal. The grievance of the petitioner is that he is to retire on 31.7.2011 and his transfer is in violation of the Govt. Policy dated 7.4.1989 (Annexure P-5) and dated 19.11.1998 (Annexure P-6). The relevant extract of Govt. Policy dated 7.4.1989 (Annexure P-5) is as under:- “ This maximum period of five years shall also not apply to Govt. employees both gazetted and non-gazetted who are due to retire within the next two years and they may be allowed to continue on their present posts till retirement.” From the reading of the aforesaid policy, it appears that these are the guidelines, wherein the Govt. servant may not be transferred within two years of retirement, which has been modified to one year in the subsequent policy. It is settled law that these Govt. Policies are not to be implemented like statutes and are only guidelines. The other grievance of the petitioner to challenge his transfer is that the petitioner is suffering from CWP. No. 4376 of 2010 -2- Disk problem. This is also a very common disease. It is stated that the petitioner is scheduled to undergo TMT test. Karnal is a developed town and it cannot be said that the petitioner will not be in a position to seek any medical advise/assistance in Karnal. It is settled law that transfer is an exigency of Govt. service. No employee has a right to remain on a particular post at a particular place. Transfer is the prerogative of the employer. Transfer cannot be interfered unless it is actuated by malafide or is in violation of rule or law. No merit, petition dismissed. (PERMOD KOHLI) JUDGE 12.3.2010. lucky