IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No. 3499 of 2010. Date of Decision: 4.5.2011. Janam Singh …Petitioner. Versus. State of HP & Others. … Respondents. Coram: The Hon’ble Mr. Justice Deepak Gupta, Judge. Whether approved for Reporting? No. For the Petitioner: Mr. R.S. Gautam, Advocate. For the Respondents 1 & 2: Mr. Rajesh Mandhotra, Dy. AG For the respondent No.3. Mr. Naveen Dass, Advocate vice Mr. B.N. Mehta, Advocate. Deepak Gupta, J. (Oral) 1. This petition is directed against the order dated 14.6.2010 whereby the petitioner has been ordered to be transferred from Jawali to Nurpur. 2. The distance from Jawali to Nurpur is 28 kilometers. From the pleadings on record, it is apparent that both petitioner as well as the private respondent belong to Tehsil Jawali, District Kangra. It appears that from the last many years one would serve at Jawali and the other would serve at Nurpur for three years and thereafter they would be transferred vice versa. 3. On 17.2.2010, the petitioner who had almost spent 4 months at Nurpur was transferred to Jawali. The private respondent who was posted at Jawali was posted to Nurpur. 2 Thereafter the impugned order was passed within four months and the petitioner has again been transferred to Nurpur. 4. Normally this Court does not interfere in transfer matters, but here we are dealing with peons. When one of the peons was transferred on 17.2.2010, the State should have come out with some positive explanation as to what was the administrative exigency or public interest involved, which required that the transfers which were made on 17.2.2010 be cancelled and fresh transfer orders are issued. 5. Nothing in this regard has been placed on record and the only stand taken by the respondent-State is that, it is the prerogative of the employer to make transfers. There can be no denial of the fact that it is the prerogative of the employer to transfer its employees, but the employer must act fairly and justly. Since, there is no explanation as to why the transfer of the petitioner had been cancelled within 4 months, therefore, the impugned order is set aside. Consequently, the petitioner shall continue at Jawali and the private respondent shall join at Nurpur forthwith. The petition is disposed of in the aforesaid terms. No costs. 4th May, 2011. ( Deepak Gupta ) (Krn Guleria) Judge.