IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP. No. 23269 of 2010 Date of Decision: 24.12.2010. Rajeshwar Dhame --Petitioner Versus The F.C. & Principal Secretary to Govt. Haryana and others --Respondents CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI. Present:- Mr. S.S. Walia, Advocate for the petitioner. *** PERMOD KOHLI.J (ORAL) Notice of motion. Mr. Mohnish Sharma, Advocate present in the Court on behalf of Mr. Narender Hooda, Advocate has been asked to accept notice on behalf of respondents. Keeping in view the nature of relief claimed and with the consent of learned counsel for the parties, this petition is being disposed of at the motion stage itself. The petitioner is working on the post of Executive Engineer/M&P-CC, Division, HVPNL, Rohtak. He has been transferred vide the impugned order dated 21.12.2010 (Annexure P-3) from Rohtak to Daultabad vice respondent no.3. Petitioner has challenged the aforesaid order on the ground that he has been transferred thrice in a year and secondly that his school going children are studying at Rohtak and their education is likely to be disturbed on account of mid term transfer. It is settled law that the transfer is an incidence of service. Interference is required by the Court only under peculiar circumstances, where the transfer is on account of malafide, by way of punishment or has CWP. No. 23269 of 2010 -2- been ordered by the incompetent authority. None of these grounds is present in this petition. No interference is warranted in the impugned transfer order. However, there is substance in the submission of the learned counsel for the petitioner that the mid term transfer is going to disturb the studies of the children of petitioner. Learned counsel for the petitioner further submits that the petitioner is occupying a Govt. house and he may be allowed to retain the Govt. house till the examination of his children are over. In view of the prayer made during the course of arguments, this petition is disposed of with a direction to the respondents to allow the petitioner to retain the Govt. accommodation up to April, 2011 on the usual rentals being paid by him. (PERMOD KOHLI) JUDGE 24.12.2010. lucky