JUDGMENT A.M.KHANWILKAR, J. - 1. HEARD counsel for the parties. Rule. Rule made returnable forthwith, by consent. Counsel for the respondents- Board waives notice. Taken up for final disposal forthwith, by consent. 2. THESE are cross petitions filed by the private parties. In the former petition, the challenge is to the order passed by the Under Secretary (NGE) H.P. State Electricity Board Limited, Shimla dated 4.2.2013, which is a transfer order, directing the transfer of the petitioner in the former petition from Theog to be posted at Shimla and to accommodate respondent No. 4 in the former petition/petitioner in the companion writ petition from Shimla to Theog. The order reads thus: "The following transfers and postings of Supdts. Gr-II are hereby ordered with immediate effect:- Sr. No. Name From To 1 Sh. Ashok Kumar Board's Sectt. HPSEB Ltd. Elect. Division, Bhardwaj Shimla. HPSEB Ltd. Theog. 2. Sh. Chander Mohan Elect. Division, HPSEB Board's Sectt. Chauhan Ltd. Theog. HPSEB Ltd. Shimla. Vice Sr. No. 1 above. Sh. Chander Mohan Chauhan, Supdt. Gr-II shall be entitled to avail TTA and joining time under the Rules whereas Sh. Ashok Kumar, Supdt. Gr-II shall not get the same as his transfer has been ordered at his own request." In the former writ petition, the case made out by the said petitioner is two fold. Firstly, that the impugned transfer order is mala fide exercise of power with a view to favour respondent No. 4 Ashok Kumar Bhardwaj. Secondly, the transfer order, in any case, is against the transfer policy framed by the Government of Himachal Pradesh, which is applicable to respondent No.1-Board. As per the said policy, ordinarily the posting period of all categories of employees should not be less than three years and to be linked with the performance and administrative requirements. The petitioner in the former writ petition was posted at Theog on 7.4.2011. For that reason, he was no due for transfer and more so, because the impugned order does not mention that the transfer was necessitated due to administrative reasons but on the face of it discloses that the same was effected to accommodate respondent No. 4 Ashok Kumar Bhardwaj. Moreover, as per the transfer policy, which is in vogue, concession is given to the officers/officials likely to retire within two years to post them in areas as convenient as possible subject to vacancy. Moreover, as per the transfer policy, which is in vogue, concession is given to the officers/officials likely to retire within two years to post them in areas as convenient as possible subject to vacancy. The petitioner in former petition hails from Kotkhai which is in proximity to his working place at Theog and therefore, it would be appropriate to allow him to continue at Theog instead of being transferred from that place as he is going to attain the age of superannuation very shortly on 31.7.2014. Broadly, on this contention the impugned transfer order has been challenged. 3. WHILE the former writ petition was pending, respondent No. 4 Ashok Kumar Bhardwaj has filed cross Writ Petition No. 2208 of 2013 for issuing direction against the Authorities to continue him at Theog where he claims to have already joined and assumed duty on 6.2.2013. If the petitioner in the former petition is to succeed, it would necessarily follow that the writ petition filed by Ashok Kumar Bhardwaj will have to be dismissed for the same reasons. 4. THE respondent No. 1-Board has filed reply-affidavit contesting the writ petition filed by the former petitioner challenging the transfer order dated 4.2.2013. After having examined the reply-affidavit and considering the arguments of the respective parties, we have no hesitation in taking the view that the impugned transfer order dated 4.2.2013 cannot stand the test of judicial scrutiny for more than one reason. On a bare reading of the impugned transfer order, it is obvious that the same has been issued to accommodate Ashok Kumar Bhardwaj notwithstanding the fact that the transfer of Chander Mohan Chauhan would result in mid term transfer and more particularly, in breach of transfer policy in vogue. We are not impressed by the argument that the transfer of Chander Mohan Chauhan was necessitated due to administrative reasons. Firstly, no such reason has been stated in the impugned transfer order. In that case the department cannot be permitted to improve upon the order by relying on the reply- affidavit filed to oppose the writ petition. That is a well settled position. No contemporaneous record has been produced before us to substantiate the factual position stated in the reply-affidavit that the transfer was necessitated because of administrative reasons. In that case the department cannot be permitted to improve upon the order by relying on the reply- affidavit filed to oppose the writ petition. That is a well settled position. No contemporaneous record has been produced before us to substantiate the factual position stated in the reply-affidavit that the transfer was necessitated because of administrative reasons. On the other hand, as aforesaid, on the face of the impugned order, it is more than clear that it was issued to accommodate Ashok Kumar Bhardwaj who wanted to join at Theog against the post held by Chander Mohan Chauhan, as a result of which the impugned transfer order has been issued. In any case, as it is indisputable that the petitioner Chander Mohan Chauhan had joined at Theog only on 7.4.2011, he had not completed the tenure of three years as assured in the transfer policy, Clause-5. Moreover, he will be attaining the age of superannuation on 31.7.2014, for which reason also he is entitled for concession as per Clause (e) of paragraph-3 of the transfer policy. As a result, Chander Mohan Chauhan could not be transferred from Theog. 5. IN the circumstances, the impugned transfer order deserves to be quashed and set-aside and as a consequence thereof the respondent No. 1-Board is directed to restore status quo ante 4.2.2013 and allow Chander Mohan Chauhan to work at Theog in Electric Division, HPSEB Ltd. As a result of this, Ashok Kumar Bhardwaj must be relieved from Electric Division Theog, forthwith and to assume his original post at Shimla in Board Secretariat. However, it will be open to Ashok Kumar Bhardwaj to make representation to the appropriate Authority for giving him appropriate posting, which representation may be considered on its own merits in accordance with law. The representation be decided as expeditiously as possible, preferably within four weeks from receipt thereof. We are not expressing any opinion in that behalf in the present order. All questions are left open to be decided on its own merits by the appropriate authority in accordance with law. 6. BOTH the writ petitions are disposed of on the above terms, so also the pending application(s), if any.