Judgment B. C. Basak, S. Roy, Aftab Alam, JJ. 1. The facts of these cases are common and there are only some minor differences which are not relevant. We shall take up the facts of one of the petitions viz C. W. J. C. No.4638 of 1987. The petitioner therein claims that the order of transfer, issued by the additional Director. Family Welfare, by which the petitioner has been transferred from one district to another is illegal and void. It is to be pointed out that in these cases the petitioners are working as Basic Health Worker and they have not obtained any promotion or any Selection Grade, whether junior or senior. 2. In support of their contentions it was submitted that their appointments to the post was not transferable in the sense that they could be transferred from one place in one district to another place in the same district but they cannot be posted from one district to another. 3. Service under the Government is generally transferable and the government is entitled to transfer any person in the interest of administration unless it is shown that it is not transferable post or that the transfer is mala fide. The law in this respect has been laid down in a recent decision of Supreme court in the case of Mrs. Shilpi Base and others V/s. The State of Bihar and others reported in AIR 1991 SC 532 as follows : "in our opinion, the courts should not interfere with a transfer order which are made in public interest and for administrative reasons unless the transfer orders are made inviolation of any mandatory statutory rule or on the ground of mala fide. A Government servant holding a transferable post has no vested right to remain posted at one place or the other, he is liable to be transferred from one place to another. Transfer orders issued by the competent authority do not violate any of his legal rights. Even if a transfer order is passed in violation of executive instructions or orders, the Courts ordinarily should not interfere with the order instead affected party should approach the higher authorities in the Department. " 4. The main question raised is that there has been a violation of the administrative instruction as contained in Annextire 3 of this petition which is set out hereinbelow : 5. " 4. The main question raised is that there has been a violation of the administrative instruction as contained in Annextire 3 of this petition which is set out hereinbelow : 5. The official translation of the same is set out hereinbelow : "letter No.318 (5) (SWA)Government of Bihar health Department, from, sri Vijay Shanker Dubey, health Commissioner, Bihar. To, all Regional Dy. Directors, Health Services, all Civil Surgeon-cum-Chief Medical Officers, all Additional Medical Officers, all Dy. Superintendents, District and Sub-divisional Hospitals, chief Malari Officer, Patna, all Inchargc Medical Officers, Referal Hospitals, all Incharge Medical Officers, Primary Health Centre. Patna Dated 17 June, 1983. Sub. Policy and Procedure in respect of posting/transfer of the Government servants as directed. Sir, drawing your attention to the Health Department resolution No.2182 (5) dated 17-12-1980 (copy enclosed) as directed it is to say that several instances have come to the notice of the Government from which it transpires that the policy and procedures laid down in the resolution under context with regard to the postings/transfers of the Government Servants of the Health department is not being carried out properly. Several instances have come to the notice of the Government from which it transpires that postings and transfers of the Clerks, Technicians and fourth grade employees of the regional offices are being done by the Health Directorate in quick succession, which has left its ill effects on the effectiveness and efficiency of the administration. 2. The State Government is very much worried of this kind of situation and is of the view that such matters must not be repeated. It is the clear order of the State Government that Regional Officers be given their full rights to use the powers conferred and carry cut responsibilities in their jurisdiction. Such matters come under the jurisdiction of the Regional Officers, there should not be any interference at the Directorate level without reason. There must not be any interference at Directorate level in the transfer and posting of the third and fourth grade employees of the Regional Office barring some unavoidable administrative matters. Such matters come under the jurisdiction of the Regional Officers, there should not be any interference at the Directorate level without reason. There must not be any interference at Directorate level in the transfer and posting of the third and fourth grade employees of the Regional Office barring some unavoidable administrative matters. It has been decided by the State Government order No.18 (5) dated 14-1-1983 to create a cadre of the third and fourth grade employees posted under the subordinate offices of the Health department, according to which the Civil Surgeon-cum-Chief Medical Officer shall be competent for posting and transfer of the third and fourth grade employees and for all disciplinary matters. Under the policy and procedure laid down under resolution No.2182 (5) dated 17-12-1980 the Regional Dy. Director will be competent authority for transfer and posting of such employees from one district to another district on the recommendation of the concerned Civil Surgeon-cum-Chief Medical Officer. At the Directorate level action will be taken on the application received in respect of transfer and posting from one Division to another Division, on compassionate ground of administrative ground or received through proper channel, but in all such matters final order shall be issued with the approval of the Health Commissioner. Therefore, the policy and procedure as laid down under Departments letter No.2482 dated 17-12-1980 be carried out at all levels. Strict disciplinary actions shall be taken against such officers who will be found doing transfers and postings against the aforesaid directions or in violation of that. Yours sincerely, sd/- V. S. Dubey" 6. Apart from the question that it is merely an administrative instruction, it would be clear that this does not support the petitioners case. These instructions do not provide that such appointments are non-transferable. On the other hand, this circular itself contemplates that the post is transferable in the sense that inter-district transfers can be made. However, certain formalities are to be complied with when such transfers are made. Accordingly, there is no merit in the contention that the petitioners cannot be transferred from one district to another and the same is rejected. 7. The second contention sought to be raised is that the persons of a district from a separate cadre and there is a district cadre in respect of each district. In our opinion there is nothig before us to support the same. 7. The second contention sought to be raised is that the persons of a district from a separate cadre and there is a district cadre in respect of each district. In our opinion there is nothig before us to support the same. We are unable to find that such persons in a district from a separate cadre. At one point of time there might have been some discussions and tentative decisions in the matter, but until now no such separate cadre for the district is shown to have been formed. Our attention was also drawn to Annexures-5 and 6. We are of the opinion that that does not help the petitioners in the present case. In this context, we may point out that whatever assurances may have been given either in the form of assurance by any Minister or any statement made in the Assembly, that does not confer any right on the petitioners which is enforceable in a court of law unless it is made a condition of service, which it can be enforced. 8. Accordingly, all the contentions raised in these petitions are rejected. However, we may point out that if any transfer is made, the procedure followed in this Annexure-3 being general letter dated 17th June, 1983 is to be followed, if not already followed. It may also be noted that this general letter envisages that the approval by the Health Commissioner shall be the condition precedent to the issuance of any final order of transfer of a Grade III or grade-IV employee from one district to another. 9. With these observations, we dismiss all these petitions. There will be no order as to costs. Appeal dismissed.