JUDGMENT B.C. Basak, C.J., S. Roy and Aftab Alam, JJ.- The facts of these case are common and there are only some minor differences which are not relevant. We shall take up the facts of one of the petitionrs viz, C.W.J.C. No. 4638 of 1987. The petitioner therein claims that the order of transfer, issued by 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 case 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 lame 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 malafide. The law in this respect has been laid down in a recent decision of Supreme Court in the case of Mrs. Shilpi Bose and others v. The State of Bihar and others : reported in AIR 1991 SC 532 as follow : “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 Annexure 3 of this petition which is set out thereinbelow. The main question raised is that there has been a violation of the administrative instruction as contained in Annexure 3 of this petition which is set out thereinbelow. 11 la[;k&318 ¼5½ LokŒ fcgkj ljdkj LokLF; foHkkx izs"kd %& Jh fot; ‘kadj nqcs] LokLFk; vk;qDr] fcgkjA lsok esa] lHkh {ks=h; mi&funs’kd] LokLF; lsok;sa lHkh vlSfud ‘kY; fpfdRld lg eq[; fpfdRlk inkf/kdkjh lHkh vij eq[; fpfdRlk inkf/kdkjh lHkh mik/kh{kd] lnj ,oa vuqe.Myh; vLirky eq[; eysfj;k inkf/kdkjh] iVuk lHkh izHkkjh fpfdRlk inkf/kdkjh] jsQjy vLirky] lHkh izHkkjh fpfdRlk inkf/kdkjh] izkFkfed LokLF; dsUnz iVuk¡ fnukad 17 twu] 1983- fo”k; & ljdkjh lsodkas ds in LFkkiuk LFkkukUrj.k ds lEcU/k esa fufr ,oa izfrfdz;kA egk’k;] funsZ’kkuqlkj LokLFk; foHkkxh; ladYi la[;k&1282 ¼5½ fnukad 17&12&80A izfrfyfi layXu dh vkSj vkidk /;ku vkd`”V djrs gq, dguk gS fd ljdkj dh utj esa dbZ ,sls n`”Vkar vk;s gSa ftlls vkHkkl feyrk gS fd izlafxd ladYi esa LokLF; foHkkx ds lsaodks ds in LFkkiuk LFkkukUrj.k ds lEcU/k esa fu/kkZfjr ,oa izfdz;kvksa dk ikyu leqfpr <+ax ls ugh fd;k tk lgk gSa dbZ ,sls n`”Vkar lkeus vk;s gSa ftuls izdV gksrk gSa fd LokLF; funs’kky; }kjk {ks=h; dk;kZy;ksa ds fyfidksa] izkoSf/kdksa ,oa prqFkZ oxhZ; deZpkfj;ksa ds in LFkkiu ,oa LFkkukUrj.k /kM+Yys ls fd; x;s gSa ftldk dqizHkko iz’kklu dh dkjxjrk ,oa n{krk ij iM+k gSA 2- jkT; ljdkj bl rjg dh fLFkfr ls cgqr gh fpfUrr gS rFkk pkgrh gs dh Hkfo”; esa ,sls ekeyks dh iqujko`fr u gksa jkT; ljdkj dk Li”V vkns’k gS dh {ks=h; inkf/kdkfj;ksa dks iznRr ‘kkfDr;ksa ds mi;ksx ,oa nkf;Roksa ds fuokZgu vius dk;Z {ks= esa djus dk iwjk vf/kdkj mUgsa fn;k tk;A ,sls ekeyks esa {ks=h; inkf/kdkfj;ksa ds vf/kdkj ,oa dk;Z {ks= esa vkrs gSaA funs’kky; Lrj ls vdkjFk dksbZ gLr{ksi u gksA 3- {ks=h; dk;kZy;ksa esa in LFkkfir r`rh; ,oa prqFkZ oxhZ; deZpkfj;ksa ds LFkkukUrj.k ,oa in LFkkiu esa vfr vifjgk;Z iz’kklfud ekeyksa dks NksM+dj funs’kkuy; Lrj gLr{ksi ugha fd;k tk;xkA jkT;kns’k la[;k&18 ¼5½ fnukad 14-1-83] }kjk LokLF; foHkkx ds v/khuLFk dk;kZy;ksa esa in LFkkfir r`rh; ,oa prqFkZ oxhZ; deZpkfj;ksa dk ftyk Lrj ij laoxZ xBu djus dk fu.kZ; fy;k x;k gs ftlds vuqlkj ftys ds vUnj in LFkkfir r`rh; ,oa prqFkZ oxhZ; deZpkfj;ksa dk LFkkukUrj.k ,oa in LFkkiu ,oa LkHkh izdkj vuq’kklfud dk;ksZ ds fy;s ftys ds vlSfud ‘kY; fpfdRld lgeq[; fpfdRlk inkf/kdkjh l{ke gksxsa funs’kky; Lrj ls ek= ,d ize.M+y ls nqljs ize.My esa iz’kklfud ;k vuqdEik ds vk/kkj ij vioknLo:i] {ks=h; dk;kZy;ksa esa in LFkkfir r`rh; ,oa prqFkZ oxhZ; deZpkfj;ksa ds in LFkkiu ,oa LFkkukUrj.k ds lEcU/k esa izkIr izfrosnuksaA mfpr ek/;e ls izkIr vH;kosnuks ij fopkj dj dkjZokbZ dh tk;xh fdUrq ,sls lHkh ekeyksa esa vfUre vkns’k LokLFk; vk;qDr dh lgekfr ls gh fuxZr fd;k tk;sxkA 4- vr% ljdkjh lsodksa ds in LFkkukUrj.k ds lEcU/k esa foHkkxh; ladYi la[;k&2182 ¼5½ fnukad 17&12&80 esa fu/kkZfjr uhfr ,oa izfdz;k rFkk mi;qZDr vuqns’kksa dk lHkh Lrjksa ij iw.kZ ikyu fd;k tk;A fdlh inkf/kdkjh }kjk mi;qZDr vuqns’kksa ds foijhr ;k mldh voKk djs gq;s LFkkukUrj.k in LFkkiu d ekeys esa dk;ZokbZ dh tk;xh rks ,sls inkf/kdkjh ds fo:} l[r vuq’kklfud dkjZokbZ dh tk;xhA fo’oklHkktu] fot; ‘kadj nqcs LokLF; vk;qDr] fcgkj 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 Service, All Civil Surgeon-cum-Chief Medical Officers, All Additional Medical Officers, All Dy. Superintendents, District and Sub-divisional Hospitals, Chief Malaria Officer, Patna, All Incharge Medical Officers, Referal Hospitals. All Incharae 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 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 posting/transfers of the Government Servants of the Health Department is not being carried out properly Several instance have come to the notice of the Government from which it transpires that postings and transfers of the Clerks. Technicians and fourth employees of the regional officer are being done by the Health Directorate in quick succession, which hat 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 out 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 mast 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 officer 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 forth 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. 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 or administrative around 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 a laid down under Department's 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. Those instructions do not provide that such appointments are nontransferable. 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 petitioner 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 nothing 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 unti now no such separate cadre for the district is shown to have been formed. Out attention was also drawn to Annexures 5 and 6. We are of the opinion that does not help the petitioners in the present case. At one point of time there might have been some discussions and tentative decisions in the matter but unti now no such separate cadre for the district is shown to have been formed. Out attention was also drawn to Annexures 5 and 6. We are of the opinion 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 railed in there 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 of 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 those observations, We dismiss all these petitions. There will be no order as to cost. Application dismissed.