4 e 54 4 CWP No 15462of 2008 11 IN THE HIGH COURT OF PUNJAB 8 HARYANA AT CHANDIGARH CWP No15462 of 2008 Date of decisionl December 5 2008 21 NariinderKaur Petitioner 1 Versus 2 State of Punjabs others Respondents 0 0 I CORAM Honble Mr Justice Ashutosh Mohunta C5 Honble Mr Justice RajanGupta I 4 Presentl Mr KapilKakkar Advocate for Z the petitioner Mr BS Chahal DAG Punjab r Raian GuptaJ I C45 OO The petitionerhas soughta writ of certiorarifor quashing order dated August20 2008 Annexure P51 wherebyshe has been W z transferredfrom GovernmentSenior Secondary School Multipurpose 41 Bl Patiala to Government Senior SecondarySchool Wazidpur Patiala Grievance of the petitioneris that she is to retire on June 30 2010 and has Iess than two years of service Ieft Thus accordingto the Government policycontained in the instructions Annexure P2 she could nothave beentransferred from the present placeof postingas she is to superannuatewithintwo years Reply has been filed on behalf of the respondents wherein it has been stated that the petitionerhas alreadyjoinedher new place of posting1 Government High SchooI Lang PatiaIa The respondentshave placedon record order dated 252008 Annexure R4 l according to which necessary correction in the order Gupta Suruchi 2014.02.11 09: 54 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 55 1 1 CWP No15462 of 2008 21 of transfer has been made and the petitionerhas been adjustedat Government High School Lang instead of Government Senior SecondarySchool Wazidpur Accordingto the respondents this placeis only15 Kms from the Bus Stand of Patiala Counsei for the petitionerhas relied upon the decision Itl K G NanchahalVs State of Puniab 8 another 2002 RSJ 765 to contend that once instructionsare issued by the State it is duty 1 bound to adhere to the samein Ietterand spirit CounseI has also relied upon the judgment in Dr Dev Parkash Chuqh v State of 00 Puniab and others SCT 726 to contend that once the I Government frames a policy it cannot pleadthat the same is not C5 and it is not bound to follow the same I CounseI for the respondentson the other hand places Z reliance upon Rule 10 of the PunjabCivil Services General 8 Common Conditions of ServicelRules 1994 to contend that a member of service is Iiable to serve at any placewhether within or I outside State of Punjabon beingordered to do so bythe appointing 08 CO After hearingcounsel for the parties we are of the 7 Z considered view that transfer is an exigencyof service and an employeeIS Iiable to be transferred by the employerwhere his Il services are required We are further of the view that the instructions Annexure P2 are itl the nature of guidelinesfor the employeesfrom one piace to another These guidelines are meant for guidanceof the officers and not enforceable by the employeesfor the purposes of assailingtheir transfer Transfer of a Government employee from one placeto another Isan incidence of service It does not in any manner alter the conditions of his service In B Varadha Rao Vs State of Kamataka and others AIR 1986SupremeCourt 1955 the ApexCoutt was pleasedto hold as follows Gupta Suruchi 2014.02.11 09: 54 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document 56 1 e CWP No15462 of 2008 31 It is weil understood that transfer of a governmentservant who is appointedto a particular cadre of transferable posts from one place to another is an ordinaryincident of service and therefore does not result in any alteration of any of the conditions of service to his Thata governmentservant is Iiable to be transferred to a 1 similar post in the same cadre is a normal feature and incident of government service and no 0 0 governmentservant can claim to remain in a I particularplaceorin a particularpost unless of 0 course his appointment itself is to a specifiednon I transferablepost Z Besides duringthe pendencyof the petition the 2 have passed an order Annexure R2 a perusalof which 0 er shows that a correction has been made in the order of transfer and I the petitionerhas been adjusted at Government HighSchool Lang 08 instead of Government WazidpurThe said school is situated hardly 0 at a distance of 15 Kms from the Bus Stand of Patiala w Z We th us find no groundto interfere in the impugned order The writ petitionis herebydismlssed 1 IRajanGuptaJ Judge 0 ee IAshutoshMohuntal Judge December5 2008 ask 15 IlLly 04 Gupta Suruchi 2014.02.11 09: 54 True Scanned Copy of Original PHHC,Chandigarh Sahil Soni 2016.03.21 12:26 I attest to the accuracy and integrity of this document