CWP No. 8110 of 2008 1 In the Punjab and Haryana, High Court at Chandigarh. C.W.P.No. 8110 of 2008 Decided on May 15,2008. Rakesh Kumar Sood --Petitioner vs. State of Punjab and others --Respondents. Coram: Hon'ble Mr.Justice Mehtab S.Gill. Hon'ble Mr.Justice Rakesh Kumar Jain. Present: Mr.Pawan Sharma,Advocate,for the petitioner Rakesh Kumar Jain,J: The petitioner has filed this writ petition under Articles 226 and 227 of the Constitution of India, in order to challenge the order dated 29.4.2008, vide which he has been transferred to Government Senior Secondary School, Ted Fattupur, District Gurdaspur. The petitioner has stated in the writ petition that he was appointed as J.B.T.Teacher on temporary basis vide order dated 18.12.1991 CWP No. 8110 of 2008 2 and had joined on 2.1.1992 in Government Primary School, Begowal, Block Doraha, District Ludhiana. He was further promoted in Master Cadre as Math Teacher and was allowed to join in the Govt. High School, Sehibana, Ludhiana on 21.1.1997. On 13.6.1997, the petitioner was transferred from Govt. High School Sehibana, District Ludhiana to Govt. Senior Model School, Millerganj, District Ludhiana, where he stayed for continuously 10 years,and thereafter, on the recommendation of local M.L.A of the area belonging to to Ruling Akali Party, who was not happy with the petitioner as he had supported a candidate belonging to other party, the petitioner was transferred from Govt. Senior Secondary School, Millerganj, Ludhiana to Govt. Senior Secondary School Ted Fattupur, District Gurdaspur vide order dated 27.9.2007. The petitioner was again transferred to Govt. Senior Secondary School, Dholewal, Millerganj, Ludhiana on 12.12.2007 and was further transferred to Govt. High School, Kot Mangal Singh, Ludhiana on 22.1.2008. According to the petitioner, the local M.L.A of the area has now got him transferred from Govt. High School Kot Mangal Singh,Ludhiana to Govt. Senior Secondary School, Ted Fattupur, (Gurdaspur) on administrative ground vide the impugned order dated 29.4.2008. Mr. Pawan Sharma, learned counsel for the petitioner has submitted that the transfer of the petitioner is at the behest of the local MLA, therefore, the same suffers from malafide. We have heard learned counsel for the petitioner and have CWP No. 8110 of 2008 3 perused the record. In fact, the petitioner wanted to stay back at Govt. Senior Model School, Dholewal, Millerganj, Ludhiana, where he had a long stay of 10 years i.e. from 13.9.1997 to 27.9.2007. We have found from the record that though the allegations of malafide have been levelled against local M.L.A., but he has not been arrayed as a party in this writ petition. In a recent case titled as Mohd Masood Ahmad v. State of U.P & Ors, 2007 (4) S.C.T 397 (SC), the Hon'ble Apex Court has taken into consideration various judgments and held that transfer is a part of service condition of an employee, which should not be interfered with ordinarily by the Court of law in exercise of its discretionary jurisdiction under Article 226 of the Constitution unless this Court finds that either the order is malafide or that service rules prohibit such transfer or the authority who issued the order was not competent to pass the order. It was also held that even if the allegation of the appellant is correct that the transfer is on the basis of recommendations of MLA that, by itself, would not vitiate the transfer order. In the present case, although the allegation against the local M.L.A, has been levelled, but he has not been arrayed as a party in this writ petition. Moreover, the petitioner has failed to show any violation of service rules or incompetency of the authority who had passed the order of transfer. CWP No. 8110 of 2008 4 In view of the aforesaid observations, we do not find any merit in this writ petition and the same is hereby dismissed in limine. (Rakesh Kumar Jain) Judge May 15,2008 ( Mehtab S.Gill ) RR Judge