ORDER : Notification No. P.Ni.V.-01-Stha.-08/2015/2144 (S) Ranchi dated 30.03.2016 and Memo No. P.Ni.V.-01-Stha.-08/2015/2145 (S) Ranchi dated 30.03.2016, issued under the signature of the Joint Secretary, Government of Jharkhand, Road Construction Department, is under challenge in this writ petition before this Court. 2. Notification No. P.Ni.V.-01-Stha.-08/2015/2144 (S) Ranchi dated 30.03.2016, relates to one Hareram Singh, who was posted as the Secretary (Technical) to the Engineer-in-chief, Road Construction Department, Govt. of Jharkhand by virtue of the said notification, whereas P.Ni.V.-01-Stha.-08/2015/2145 (S) Ranchi dated 30.03.2016 relates to “the person aggrieved” by posting of Sri Hareram Singh. 3. From the conjoint reading of both the notifications, it appears that one Hareram Singh was promoted on 18.03.2016 to the post of Superintending Engineer and after his promotion, vide Notification No. P.Ni.V.-01-Stha.-08/2015/2144 (S) Ranchi dated 30.03.2016 he was posted as Secretary (Technical) to the Engineer-in-Chief, Road Construction Department, Govt. of Jharkhand. Vide Notification No. P.Ni.V.-01-Stha.-08/2015/2145 (S) Ranchi dated 30.03.2016, the person, who was posted as the Technical Secretary to the Engineer-in-Chief, Road Construction Department, Govt. of Jharkhand, was directed to give his joining in the Headquarter in absence of any posting order. Aggrieved by these notifications, the petitioner has approached this Court challenging the same. 4. The petitioner is an Officer of the Road Construction Department, Government of Jharkhand, was granted promotion to the cadre of Superintending Engineer, vide Notification No. 751(S) dated 03.02.2016. The petitioner was posted as the Secretary (Technical), to the Engineer-in-Chief, Road Construction Department, Govt. of Jharkhand, vide Notification No. 1542(S) dated 04.03.2016. The petitioner joined the said post on 09.03.2016. His joining was accepted and he was discharging his duties as the Secretary (Technical), to the Engineer-in-Chief, Road Construction Department, Govt. of Jharkhand. 5. One Hareram Singh was also promoted to the cadre of Superintending Engineer on 18.03.2016. The said Hareram Singh by the impugned notification dated 30.03.2016 was posted as Secretary (Technical), to the Engineer-in-Chief, Road Construction Department, Govt. of Jharkhand, on the post, which was occupied by the petitioner. Since Hareram Singh was posted in the said post, which the petitioner was occupying, an order was passed on 30.03.2016 contained in Notification No. P.Ni.V.-01-Stha.-08/2015/2145 (S) Ranchi dated 30.03.2016 (without naming the petitioner), that the person, who has been affected by posting of Hareram Singh, should give his joining in the Headquarter. 6. Since Hareram Singh was posted in the said post, which the petitioner was occupying, an order was passed on 30.03.2016 contained in Notification No. P.Ni.V.-01-Stha.-08/2015/2145 (S) Ranchi dated 30.03.2016 (without naming the petitioner), that the person, who has been affected by posting of Hareram Singh, should give his joining in the Headquarter. 6. Counsel for the petitioner submits that the aforesaid order, by which the petitioner was transferred from the post of Secretary (Technical), to the Engineer-in-Chief, Road Construction Department, Govt. of Jharkhand, is absolutely illegal and mala-fide. He submits that only to accommodate Hareram Singh the impugned order has been passed, transferring the petitioner from the post of Secretary (Technical), to the Engineer-in-Chief, Road Construction Department, Govt. of Jharkhand and posting Hareram Singh in the said post. He submits that the petitioner was transferred from the said post, only to accommodate Hareram Singh and there is no other reason. He submits that there is no administrative exigency in transferring the petitioner. It has been submitted that from perusal of the impugned order it is suggestive that only to accommodate Hareram Singh this petitioner has been transferred. This action is not only illegal but is mala-fide, thus, the same is liable to be set aside. The petitioner lastly submits that Hareram Singh was suppose to retire from service on 31.03.2016, as such, only to accommodate him this order was passed. 7. State appeared and filed their counter affidavit. It has been submitted that the petitioner is Superintending Engineer of Road Construction Department, Govt. of Jharkhand. The State admitted that this petitioner was posted as Secretary (Technical), to the Engineer-in-Chief, Road Construction Department, Govt. of Jharkhand, vide Notification dated 04.03.2016. It is further stated that Hareram Singh has been placed in the post of the petitioner i.e. in the post of Secretary (Technical), to the Engineer-in-Chief, Road Construction Department, Govt. of Jharkhand vide Notification dated 30.03.2016. It has also been stated that the State has come up with a new policy and services of Engineers of the Road Construction Department are being provided to the Department of Tourism for development work and service of this petitioner was provided to the Tourism Department in public interest. The State further submits that the petitioner cannot have any grievance against the transfer of the petitioner from the post of Secretary (Technical), to the Engineer-in-Chief, Road Construction Department, Govt. The State further submits that the petitioner cannot have any grievance against the transfer of the petitioner from the post of Secretary (Technical), to the Engineer-in-Chief, Road Construction Department, Govt. of Jharkhand, as he has got no right to a particular post. He further submits that decision for positing of Hareram Singh was taken by the appropriate authority, which has got jurisdiction, thus no illegality is committed. 8. I have heard the learned counsel for the parties and have gone through the entire records. The facts of this case are admitted. The petitioner was posted as Secretary (Technical), to the Engineer-in-Chief, Road Construction Department, Govt. of Jharkhand. One Hareram Singh was promoted to the post of Superintending Engineer on 18.03.2016. The said Hareram Singh was superannuating from service with effect from 31.03.2016. Vide Notification dated 30.03.2016 the said Hareram Singh was posted as Secretary (Technical), to the Engineer-in-Chief, Road Construction Department, Govt. of Jharkhand, thus his posting was only for two days. By the notification dated 30.03.2016, it was ordered that the person, who is affected by order of posting of Hareram Singh, will have to given his joining in the Headquarter. Challenging this order, the instant writ application has been filed on 5.04.2016. On 12.04.2016, this Court allowed time to the State Counsel to file counter affidavit. Further on 06.05.2016 a direction was given to the State to specify the reasons for transfer of the petitioner from the post of Secretary (Technical), to the Engineer-in-Chief, Road Construction Department, Govt. of Jharkhand. It was directed that since Hareram Singh had already superannuated, the post will not be filled up till further orders. Thus, by virtue of the interim order passed by this Court, on 06.05.2016, post of Secretary (Technical), to the Engineer-in-Chief, Road Construction Department, Govt. of Jharkhand, is still vacant. 9. The main contention of the petitioner is that he was transferred from the post of Secretary (Technical), to the Engineer-in-Chief, Road Construction Department, Govt. of Jharkhand, only to accommodate Hareram Singh. It has been submitted that a person can be transferred on an administrative exigencies, but an order of transfer to accommodate some person without any administrative exigency is absolutely bad and mala-fide and the same is liable to be set aside. 10. of Jharkhand, only to accommodate Hareram Singh. It has been submitted that a person can be transferred on an administrative exigencies, but an order of transfer to accommodate some person without any administrative exigency is absolutely bad and mala-fide and the same is liable to be set aside. 10. Counsel for the State argued that in view of new Tourism Policy the services of Engineers, Road Construction Department were allocated to Tourism Department and, as such, the petitioner was posted in the Tourism Department. It has been submitted that the petitioner has got no right over a particular post and by no means, the order transferring the petitioner from the post of Secretary (Technical), to the Engineer-in-Chief, Road Construction Department, Govt. of Jharkhand, can be said to be mala-fide. He submits that the said transfer order is in the administrative exigency. 11. The only question, which is to be decided in this writ application is whether the transfer order, transferring the petitioner from the post of Secretary (Technical), to the Engineer-in-Chief, Road Construction Department, Govt. of Jharkhand is in the administrative exigency or is mala-fide only to accommodate Hareram Singh? 12. It is well settled that transfer is an incident of service. In any service, where the relationship is of an employer and employee-transfer, promotion, retirement etc. are incidents of service. The employer has full power to transfer his employee whenever and where-ever he wants. The employer has right to transfer his employee from one place to another. Though power of the employer is there yet the same is not absolute and the said power cannot be exercised capriciously. The Courts have a limited scope in interference of the order of transfer. If a transfer is made dehors the provisions of Law or any guidelines laid down by the Department, same can be interfered with. Similarly, if a transfer order affects the condition of service of the transferred employee, in terms of rank, pay and etc., the same can be interfered with. Similarly, if a transfer order is exfacie mala-fide, perverse or arbitrary, the same also can be interfered with. 13. On these propositions the impugned order has to be tested. 14. The impugned Notification No. P.Ni.V.-01-Stha.-08/2015/2144 (S) Ranchi dated 30.03.2016 posts Hareram Singh as Secretary (Technical), to the Engineer-in-Chief, Road Construction Department, Govt. of Jharkhand, and the impugned order no. Similarly, if a transfer order is exfacie mala-fide, perverse or arbitrary, the same also can be interfered with. 13. On these propositions the impugned order has to be tested. 14. The impugned Notification No. P.Ni.V.-01-Stha.-08/2015/2144 (S) Ranchi dated 30.03.2016 posts Hareram Singh as Secretary (Technical), to the Engineer-in-Chief, Road Construction Department, Govt. of Jharkhand, and the impugned order no. P.Ni.V.-01-Stha.-08/2015/2145 (S) Ranchi dated 30.03.2016 directs the person, who is affected by posting of Hareram Singh, to give his joining in the Headquarters. The entire notification does not whisper the name of this petitioner. It only says that the person, who is aggrieved by posting of Hareram Singh should give his joining in the Headquarters. Since the petitioner was the Secretary (Technical), to the Engineer-in-Chief, Road Construction Department, Govt. of Jharkhand, and was aggrieved by posting of Hareram Singh, the petitioner had to give his joining in the Headquarters. Thus, the petitioner was aggrieved by the order of posting of Hareram Singh as Secretary (Technical), to the Engineer-in-Chief, Road Construction Department, Govt. of Jharkhand. 15. The State tried to justify the transfer and posting of this petitioner on the ground that a new policy for tourism development has been formulated in the State and the service of this petitioner was given to the Tourism Department. 16. This fact has been brought by the State in their counter affidavit. This fact is absent in the impugned notification, which is under challenge. The contents and purports of the notification are clear. The intention of the notification is to post Hareram Singh as Secretary (Technical), to the Engineer-in-Chief, Road Construction Department, Govt. of Jharkhand and as a result of such posting removal of this petitioner from the said post was inevitable. Thus, there is no doubt that the petitioner has been transferred only because of the fact that Hareram Singh has been posted in his place. Hareram Singh was scheduled to superannuate on the very next date of his posting. He could not have been posted there without removing the incumbent of the said post. Since Hareram Singh had to be posted there, the incumbent i.e. the petitioner had to be transferred. There was no other option before the State. So to post Hareram Singh, this petitioner was transferred. Nowhere in the impugned notification it has been mentioned that for administrative exigencies the petitioner has been transferred from the said post. Since Hareram Singh had to be posted there, the incumbent i.e. the petitioner had to be transferred. There was no other option before the State. So to post Hareram Singh, this petitioner was transferred. Nowhere in the impugned notification it has been mentioned that for administrative exigencies the petitioner has been transferred from the said post. Thus, I have no hesitation in coming to the conclusion that the order of transferring the petitioner was merely to accommodate Hareram Singh and not for any administrative exigencies. 17. No doubt the Government has power to transfer its employees, but this power has to be exercised bona fide, to meet the exigencies of the administration. If the power is exercised mala fide, then obviously the order of transfer has to be struck down. If the exercise of power is based on extraneous consideration or for achieving an alien purpose or an oblique motive, the same would amount to mala fide and colourable exercise of power. Every administrative action should be just and fair. 18. In the instant case, as it has been held, that the petitioner has been transferred only to accommodate Hareram Singh, there is no hesitation to hold that the order of transfer of petitioner is mala fide and cannot be sustained. 19. Since, it has been held that the order of transfer of the petitioner is mala fide as it was issued only to accommodate Hareram Singh, who was supposed to retire on the next day of such posting, this Court sets aside the order by which the petitioner has been transferred and has been directed to join in the Headquarters of Road Construction Department, Government of Jharkhand. Since, by virtue of the order dated 06.05.2016 passed in this case, the post of Secretary (Technical), to the Engineer-in-Chief, Road Construction Department, Govt. of Jharkhand, has been kept vacant, respondents are directed to bring-back the petitioner and post him as the Secretary (Technical), to the Engineer-in-Chief, Road Construction Department, Govt. of Jharkhand. 20. This writ application, thus, stands allowed with the aforesaid observations.