Judgment U.P.Singh and S.Hoda JJ. 1. In this writ application the petitioners have challenged the notification dated 31-12-1990 contained in Annexure-1 for quashing the same in so far as it relates to the petitioners and respondents 11 and 12 are concerned and has prayed for a direction that they be not disturbed from the present place of posting and they be continued on their post until the completion of their terms. 2. The first petitioner was promoted in May, 1985 to the post of Assistant Engineer from the rank of Junior Engineer. After his promotion he was posted on deputation in the department of Education against a non-works post. He continued there from 1-5-1985 to 16-8-1988. The Education Department returned the services of the first petitioner and he was sent back to his parent department i.e. Road Construction Department vide notification dated 19-8-1988. He joined the Secretariat awaiting his posting and was not paid salary for nine months. He was then transferred and posted against works post in Road Sub-division II, Deoghar against a vacant post by notification dated 2-3-1989. He joined the said post on 7-3-1989 and since then he is continuing on that post. His grievance is that he had completed only one and half years on that post when he was asked to join the headquarter by the impugned order and respondent No. 11, has been posted in his place. His grievance is that the said transfer and posting only after one and half years of his posting was premature since he had not completed his full term in the works division and the same is violative of the departments notification guidelines dated 3-5-1985. 3. Petitioner No. 2 was continuing against the non-works post since 1977 and he was given the works post in accordance with the notification dated 29-6-198V issued by the Road Construction Department. He was posted in the Road Sub-division No. III, Darbhanga. He joined the post on 20-7-1989 at Darbhanga and is continuing on that post. His grievance is also the same as the one raised by the first petitioner and the contention is common that he had also not completed full term of three years against the works post and without completing his tenure he has been disturbed by Annexre-1, the impuged order with a view to accommodate respondent No. 12 in his place. His grievance is also the same as the one raised by the first petitioner and the contention is common that he had also not completed full term of three years against the works post and without completing his tenure he has been disturbed by Annexre-1, the impuged order with a view to accommodate respondent No. 12 in his place. He has been asked to join the headquarter without being posted anywhere. 4. The common ground is that the transfer of these petitioners was not recommended by the establishment committee and it has been done at the behest of the Minister In-Charge, It has been contended that several persons were transferred by the impugned order contained in Annexure-1 and the only competent authority is the Departmental Establishment Committee. Only in case of administrative exigencies or public interest the Minister incharge can issue order of transfer alter obtaining approval, of the Chief Minister even without completion of the term. It is contended that in the present case there is nothing to show that the petitioners have been transferred due to any administrative reasons and as such the Minister Incharge had no jurisdiction to transfer the petitioners without recommendation of the establishment committee. The Public Works Department had issued an Order No. 116 dated 3-5-1982 (Annexure-10) prescribing some guidelines for transferring the Assistant Engineers and Executive Engineers which is also applicable in the case of transfer and posting of Road Construction Department. Item No. 3(ka)(ii) prescribe that normally the Assistant Engineers shall be posted in works division for a period of three years and in non-works for a period of five years. The aforesaid period may be extended if the post of works/non-works are not available. It further prescribes that no officer shall be transferred continuously from work division to works division and the first posting of Assistant Engineer shall not be made against the work post. On this basis it war contended that the petitioners had not Completed their full term in works-division and they had completed only one and half years in the works division after their transfer and posting in the year 1989. They could not be disturbed from the said place of posting. It it contended that none of them have handed over the charge and are still continuing on their post. They could not be disturbed from the said place of posting. It it contended that none of them have handed over the charge and are still continuing on their post. It appears that a Division Bench of this Court on 15-1-1991 while hearing at the admission stage passed an interim order that they shall not be disturbed from the present place of posting. 5. As against this the stand taken by the State in the counter affidavit is that the impugned order of transfer and posting was passed in public interest and for administrative reasons. No government servant holding transferable post has a vested right to remain posted at one place. It was admitted that the transfer of these petitioners was not recommended by the establishment committee but that does not put any embargo on the departmental Minister to make such addition and/or alteration in the recommendation of the Establishment Committee if it is realised that the same has to be done for administrative reasons and in public interest, the Minister Incharge of the department is well within his power either to accept or not to accept and it may alter the recommendation of the Establishment Committee; These transfers were made purely on administrative grounds and in public interest. The allegation that transfer was made only with a view to accommodate respondents 11 and 12 has been emphatically denied. On the basis of the impugned notification both respondent 11 and 12 have submitted their joining report in their respective divisions. The joining report of respondent No. 11 has already been accepted by the respondent, Executive Engineer as reported vide his letter No. 51-B dated 14-1-1991 in which it was clearly stated that the respondent No. 11 is working and has assumed the charge of the Sub-Division No. II Deoghar. The photo-Stat copies of letter and the charge report of respondent No. 11 have been annexed with the counter affidavit marked Annexures A to A-2, It has been contended that the function of the establishment committee is advisory and not obligatory. In view of the policy and procedure regarding transfer and posting of the Government servant as contained in Government resolution No. C.S. III/M 3-1016/80-J918, dated 25th March, 1980 the petitioners were at liberty to make representations through proper channel, if they were aggrieved by the impugned order of transfer. In view of the policy and procedure regarding transfer and posting of the Government servant as contained in Government resolution No. C.S. III/M 3-1016/80-J918, dated 25th March, 1980 the petitioners were at liberty to make representations through proper channel, if they were aggrieved by the impugned order of transfer. It has also been pointed out that as per Rules of Executive Business the transfer of officer in the month of May and June and November and December up to the rank of Executive Engineer is done with the approval of the Departmental Minister. It has been pointed out that the transfer and posting was made on the recommendation of the establishment committee and the modification and/or amendment has been done by the Departmental Minister in such cases where the transfer was necessitated on administrative grounds and in public interest. 6. In view of the facts and circumstances and after considering the contentions raised in the petition and the counter affidavit as also in reply thereto, we find to reason to interfere with the impugned order of transfer. It is well-established principle that transfer is an incident of service. There is no inherent right in any government servant to stick to one place of posting of his own choice in the service. In accordance with the condition of service, whenever they are holding a transferable post, the transfer can be made from time to time if it is so considered that it is in public interest and for the best administration. The recommendation of the establishment committee is not binding. The Minister Incharge was well within his competence to make such alteration and/or modification which were necessary in the public interest and in the best interest of the administration. The recommendation of the establishment committee is directory. It is true that normally an officer is expected to complete his full term of posting of three years but in the circumstances where the public interest and administration demands, the transfer orders can be made even before the completion of the period of three years. In the present case we do not find that the order of transfer was made with a view to accommodate the respondents. The impugned order of transfer was dealing with the case of many officers including the petitioners and the transfer of these petitioners was carried out in the best interest of the administration and in public interest. In the present case we do not find that the order of transfer was made with a view to accommodate the respondents. The impugned order of transfer was dealing with the case of many officers including the petitioners and the transfer of these petitioners was carried out in the best interest of the administration and in public interest. "The impugned order is, therefore, upheld and the stay order is vacated. This application is accordingly dismissed.