IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.913 of 2009 SHATRUGHAN PRASAD SHRIVASTAVA Versus THE STATE OF BIHAR & ORS ----------- 2. 30.01.2009 Heard leaned Counsel for the petitioner and the learned Counsel for the State. The petitioner has been transferred by an order dated 28.6.2008 from the office of DCLR at Siwan to Block Officer, Lakarinabiganj within the district of Siwan. His wife is stated to be employed as an Assistant Teacher in the Government Middle School in Siwan Town. He is aggrieved by the order dated 23.12.2008 rejecting his representation to allow him to continue at Siwan in the light of Government regulations for posting husband and wife together as also the condition in the circular that even such cases were to be considered only if they were in the same department. The submission is that such a decision frustrates the very purpose for which the policy for posting husband and wife together was formulated. He relies upon a judgement of the Supreme Court reported in (1992) 1 SCC 306 (Bank of India Vrs Jagjit Singh Mehta). In the said judgment it has been specifically held that in so far as practicable the husband and wife who are both employed should be posted at the same station even if their employers are different. That this was a desirable course but that this did not mean that their place of posting should invariably be of their own choice Such hardship were unavoidable at times when they belonged to different service. This Court therefore finds it difficult to accept the contention on behalf of the petitioner and in fact the judgement relied upon runs to the contrary. In AIR 2004 SC 2165 (State of U.P. and others Vs Gobardhan Lal) the Supreme Court has clearly held that government circulars with regard to transfer and posting did not create a legal right to maintain a cause of action to challenge an order of transfer under writ jurisdiction. They only give a right to the government servant concerned to file a representation to be considered by the authorities. The matter ends there. Transfer is an incidence of service. Unless there be allegation of violation of statutory rules, malafide, loss of status or pay which shall be some of the examples, there is no occasion for the Court to interfere with the order of transfer. The writ application stands dismissed. Snkumar/- (Navin Sinha,J.)