Judgment :- Petitioner seeks writ of certiorarified mandamus to quash the order passed by the 1st Respondent in CPO: 712/07, C.No.59668/2007 dated 22.03.2007. 2. Brief facts which lead to the filing of the writ petition are as follows:- The Petitioner was appointed as Gr.II.Pc on 16.04.1997. She was received on transfer from TSP and reported for duty at Coimbatore City A.R. on 09.07.2000. Subsequently, she was promoted as Naik and HC. On her willingness she was transferred to Taluk (Local) Establishment from AR Establishment and posted to AWPs as Gr.II PC on her willingness to serve in Local Police establishment as per the office order in CPO 1712/2004, dated 27.09.2004. She again submitted a petition dated 18.01.2005, requesting transfer from Local Police Establishment (AWPS) to Armed Reserve, due to heart disease of her child. Based on that request she was transferred to Armed Reserve as per order in CPO No.421/05, dated 26.02.05 and after getting the declaration that she should not claim for re-transfer to Taluk Police Establishment in future. She joined in AR on 30.03.05. Her seniority was also fixed and she was promoted as Gr.II PC/Naik and H.C on 04.05.2005 and 27.01.2007 respectively. 3. At that stage by the impugned order she was re-transferred to Local Police Station as Gr.II PC at B-3 Kattur L&O P.S which is challenged in this writ petition. 4. The Learned Senior Counsel Mr.K.Venkataraman, submitted that transfer of writ petitioner to Local Police Station as Gr.II PC is purely a vengeful act which had been clamped on her when she has asked for original seniority in AR. Learned counsel further submitted that while she was working as HC in AR refixing her as Gr.II PC is against the Police Sub-ordinate service rules. Laying emphasis upon the declaration obtained from the writ petitioner the learned Senior Counsel submitted that when the declaration was obtained that she should not claim re-transfer to Taluk Police Establishment in future and the impugned order transferring writ petitioner from AR to Local Police is arbitrary. 5. The learned Additional Government Pleader Mr.N.Senthilkumar, has submitted that as per existing rules writ petitioner was not eligible to get the original seniority in AR, since she was transferred to Armed Reserve from Local Police. 5. The learned Additional Government Pleader Mr.N.Senthilkumar, has submitted that as per existing rules writ petitioner was not eligible to get the original seniority in AR, since she was transferred to Armed Reserve from Local Police. The learned Additional Government Pleader submitted that as per guidelines of Director General of Police dated 30.01.2007, writ petitioner was transferred to Local Police as Gr.II PC where her batch mates were working. The learned Additional Government Pleader has also submitted that writ petitioner has not obeyed the order of transfer and she has gone on medical leave and the court has to take note of irresponsible conduct of the Petitioner. 6. Admittedly on her willingness writ petitioner was transferred to Local Police from AR establishment and posted to All Women Police Station (Local/Taluk Police establishment) as Gr.II PC as per order in CPO 1712/2004 in C.No.N3/50220/2004 dated 27.09.2004. Then she was again transferred to Coimbatore Armed Reserve by order in CPO 421/2005 dated 26.02.2005, on her request to re-transfer her to Armed Reserve she was re-transferred to Armed Reserve after getting declaration that she should not claim for re-transfer to Taluk Police Establishment in future. After Petitioner was transferred to AR, her seniority was also fixed and she was promoted as Gr.II PC/Naik and H.C on 04.05.2005 and 27.01.2007 respectively. 7. According to the Respondents, Petitioners seniority in AR Police establishment was fixed in appropriate place after the transfer from Local Police establishment. It is the further case of the Respondents that as per existing rules, the Petitioner is not eligible to get original seniority in AR, since she was re-transferred to AR from Local Police. In the counter, the Respondents have averred that as per DGPs guidelines in C.No.265397/NGB III(2)/2007, dated 30.01.07, the Petitioner was transferred to Local Police establishment i.e., B3 L&O P.S by the impugned order dated 22.03.2007. The above said proceedings of the D.G.P dated 30.01.2007, has been submitted for the perusal of the court. The said Memorandum of D.G.P reads as under: "2) He is requested to inform under which orders the Women Constable has been transferred to AR from Local. He is also instructed to transfer the above WNk.1208 Gowri from Coimbatore City AR to Local Police immediately as Gr.II." According to the Respondents as per the above direction of the D.G.P. the Petitioner was transferred to Local Police as Gr.II 8. He is also instructed to transfer the above WNk.1208 Gowri from Coimbatore City AR to Local Police immediately as Gr.II." According to the Respondents as per the above direction of the D.G.P. the Petitioner was transferred to Local Police as Gr.II 8. The learned Senior Counsel for the Petitioner has submitted the transfer order has been passed when the petitioner prayed to refix her seniority in AR establishment. The Respondents could have rejected the Petitioners request to fix the original seniority. But citing guidelines from D.G.Ps dated 30.01.2007, the Petitioner was transferred to Local Police establishment. According to the Petitioner, impugned order transferring the Petitioner from A.R to Local Police establishment is in total contradiction to the earlier declaration obtained from her. 9. The learned Additional Government Pleader submitted that the transfer was made purely on administrative ground. Learned Additional Government Pleader further submitted that as per the directions of the DGP Petitioner was transferred from AR establishment to Local Police only for administrative convenience and there was no deliberate intention and that the order of transfer passed for administrative convenience. 10. The courts would not certainly interfere with the orders of transfer, unless the order of transfer is vitiated by malafides or in violation of any statutory provision. Time and again courts have expressed its disapproval from interfering with the order of transfer of a public servant. In (2004) 7 SCC 405 State of U.P and another vs Siya Ram and another the Honble Supreme Court has held as follows: “.......... No Government servant or employee of a public undertaking has any legal right to be posted forever at any one particular place or place of his choice since transfer of a particular employee appointed to the class or category of transferable posts from one place to other is not only an incident, but a condition of service, necessary too in public interest and efficiency in the public administration. Unless an order of transfer is shown to be an outcome of mala fide exercise or stated to be in violation of statutory provisions prohibiting any such transfer, the courts or the tribunals normally cannot interfere with such orders as a matter of routine, as though they were appellate authorities substituting their own decision for that of the employer/management, as against such orders passed in the interest of administrative exigencies of the service concerned. ‘This position was highlighted by the Honble Supreme Court in National Hydroelectric Power Corpn. Ltd V. Shri Bhagwan, (2001) 8 SCC 574 :2001 SCC (L&S) 21..........." 11. No doubt transfer is an incident of service. But the transfer can be made only to an equivalent post. As rightly submitted by the learned Senior Counsel the Petitioner was working as HC in AR. By the impugned order of transfer to Local Police establishment, the Petitioner has to work as Gr.II PC in B3 Kattur PS. Order of transfer cannot be sustained on two grounds:- .(i) It is in contradiction to the earlier declaration obtained from the writ petitioner. .(ii) By the impugned order of transfer the Petitioner was reverted from HC to Gr.II PC. 12. The learned Additional Government Pleader has drawn the attention of the Court that the Petitioner has not obeyed the order of transfer and that she was on medical leave. The learned Senior Counsel for the Petitioner submitted that the Petitioner has a small child suffering with heart problem and that is why the writ petitioner has requested to transfer to AR in 2005 and necessarily she has to go on medical leave as she cannot attend to her child if she is posted at local police station where the nature of duty would be round the clock. 13. Impugned transfer came to be passed when the Petitioner has sought to refix her original seniority in AR. The writ petitioner has also filed an affidavit to the effect that she would not seek for refixing of seniority in the AR, prior to the transfer to the Local Police establishment. In view of the affidavit filed by the writ petitioner there can be no impediment in permitting the Petitioner to continue to work in the AR police. 14. In the result the impugned order in CPO: 712/07, C.No.59668/2007 dated 22.03.2007 is set aside and the writ petition is allowed, and the 1st Respondent is directed to issue order reposting the writ petitioner in the Coimbatore AR establishment within four weeks from the date of receipt of copy of this order. As undertaken by the Petitioner in the affidavit, the Petitioner shall not claim to refix her seniority in the AR establishment. 15. As undertaken by the Petitioner in the affidavit, the Petitioner shall not claim to refix her seniority in the AR establishment. 15. At the time when the matter was posted for orders, learned Additional Government Pleader would submit that for the unauthorised absence Desertion Notice was sent to the Petitioner which she has refused to receive. Learned Additional Government Pleader further submitted that Desertion order sent to the Petitioner was also refused by her. It is stated that the charges have been framed and the same was served upon the Petitioner and that disciplinary proceedings are under progress. The Respondents are at liberty to proceed with the Disciplinary proceedings for the alleged unauthorised absence in accordance with Police Sub-ordinate Service Rules.