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Judgment
Heard Sri A. K. Jauhari, learned counsel for the petitioners and Sri Raj Kumar Singh, learned counsel who has put in appearance and filed his vakalatnama, which is taken on record.
Case of the petitioner that he has been transferred from Lucknow to Jammu & Kashmir. Petitioner has annexed copy of policy of standing order No.2/2007 which is transfer policy of Ministerial Staff. Section 3A of the said policy gives direction for tenure of post. Normally, tenure of posting at one place in the class of employees of the petitioner is four years. It is the admitted case of the petitioner that the petitioner has not completed four years and he is still six months to go when this policy will be effective in his case.
Learned Standing counsel submits that there are administrative exigencies and the transfers have to be made in the interest of the work and there is no occasion to cancel the transfer or to modify the transfer order of the petitioner.
Considering both the arguments and looking into the transfer policy, it appears expedient in the interest of justice that the opposite party may be directed to give full term of four years to the petitioner.
Therefore, the order of transfer dated 7.5.2009 shall not be given effect for six months so far as it relates to the petitioner.
However, opposite parties will be at liberty to consider the case of the petitioner in the next annual chain of transfers in the month of March, 2010.
With these observations the writ petition stands finally disposed of.