IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9882 of 2008 MD.IQBAL Versus THE STATE OF BIHAR & ORS ----------- 4. 19.09.2008 Heard learned counsel for the petitioner and the State. By an order dated 6.6.2008 the petitioner was transferred from Patna to Bhagalpur. Under the Government circulars and guidelines that persons due for retirement be preferably given choice posting, on an application by the petitioner in view of his impending retirement on 30th April, 2009, an order dated 25.6.2008 by the Joint Agriculture Director (Plant Protection), Bihar, Patna came to be passed allowing him to continue at another place in Patna itself. Soon thereafter followed an order of 3.7.2008 only stating that on review of the matter the earlier order was being modified. The petitioner has now been asked to proceed to Bhagalpur. The counter affidavit encloses at Annexure-A a general order dated 2.4.2008 requiring all class III employees who had been stationed at one place for more than 20 years for transfer. This is the justification contended by the Respondents. If the Government has framed guidelines and circulars regulating transfers and postings, it is for the Government to comply with the same unless deviation be permitted as may be provided under the circular itself. Such circulars are not framed to be kept in the Almirah to be taken out only at times convenient. Quite obviously the Respondents found justification in the grievance of the petitioner based on the circulars. The impugned order of 3.7.2008 does not - 2 - contain any reasons as to what persuaded them to reconsider the decision not to follow their own circular. The ground urged from the general order dated 2.4.2008 was completely available when naturally after considering the same also the order dated 25.6.2008 came to be passed. In the facts of this case, this Court is satisfied that the order dated 3.7.2008 suffers from complete arbitrariness, if not non- application of mind. The order dated 3.7.2008 is quashed. The writ application stands allowed. AKS/ (Navin Sinha, J.)