JUDGMENT : Jyotsna Rewal Dua, J. 1. Challenge in the instant writ petition is to order dated 18.09.2019 (Annexure P-1), whereby the petitioner, a Beldar, has been transferred from Himachal Pradesh Agriculture Research Extension Centre (HAREC), Dhaulakuan, District Sirmour, to Students' Welfare Organization, CSKHPKV, Palampur, District Kangra. 2. Facts: (i) Admittedly, the petitioner is working at HAREC, Dhaulakuan, for about last 19 years and has completed much more than normal service tenure. (ii) The transfer order has been challenged primarily on the ground that the same has been issued on the basis of a D.O. Note, just to accommodate respondent No. 3. 3. Record: (i) In view of the allegation levelled in the writ petition regarding transfer order having been issued on the basis of D.O. Note, we had called for and perused the record pertaining to the transfer of petitioner and respondent No. 3. (ii) Record reveals that:- (a) vide U.O. Note dated 03.01.2019, issued by the office of Hon'ble the Chief Minister, transfer of respondent No. 3 Sh. Achhar Singh, Beldar, from Dhaulakuan, District Sirmour to Palampur, District Kangra, was sought to be cancelled on compassionate grounds. The Vice Chancellor, CSKHPKV, Palampur, was requested to take necessary action and to report compliance. (b) In response to the above U.O. Note, the Registrar, CSKHPKV, Palampur, vide communication dated 06.02.2019, reported the factum of Sh. Achhar Singh having already joined his duties at Palampur on 24.12.2018. (c) The above was followed by another D.O. Note dated 07.06.2019, issued from the office of Hon'ble the Chief Minister, requesting the Registrar of CSKHPKV, Palampur, District Kangra to transfer Sh. Achhar Singh from Palampur to HAREC, Dhaulakuan, District Sirmour in condonation of short stay and to report compliance (d) In Diary No. 1907, office noting No. 22, records following:- "In this connection, it is submitted as per UO, the transfer is to be made "if the transfer pertains to Nahan Constituency." As per record, Sh. Achhar Singh, Beldar is permanent resident of Village Rampur (Bharapur), P.O. Dhaulakuan, Teh. Poanta Sahib. As per list of polling booth of 56 - Nahan Assembly Constituency (F/A), Patwar Circle Dhaulakuan pertains to Nahan Assembly Constituency (booth No. 92 to 105)." (e) Though the record shows that Sh. Achhar Singh also submitted his representation dated 06.08.2019, seeking his transfer from Palampur to Dhaulakuan, however, fact remains that the matter of transferring Sh. Poanta Sahib. As per list of polling booth of 56 - Nahan Assembly Constituency (F/A), Patwar Circle Dhaulakuan pertains to Nahan Assembly Constituency (booth No. 92 to 105)." (e) Though the record shows that Sh. Achhar Singh also submitted his representation dated 06.08.2019, seeking his transfer from Palampur to Dhaulakuan, however, fact remains that the matter of transferring Sh. Achhar Singh from Palampur to Dhaulakuan was initiated only on the basis of D.O. Note of the elected representative. (f) Since Sh. Achhar Singh had joined at Palampur only on 24.12.2018 and thus had completed only 8 months 1 week and 6 days of service at Palampur, therefore, the Registrar/Vice Chancellor, on 09.09.2019 made following remark at Note No. 42:- "Let him complete the tenure." (g) Despite above observation of the Registrar/Vice Chancellor of CSKHPKV, Palampur, the subordinate staff at Note No. 44 pointed out that the short stay of Sh. Achhar Singh had already been condoned in the U.O. Note issued by the office of Hon'ble the Chief Minister. Based on these observations, an exercise was undertaken to find substitute of Sh. Achhar Singh for the latter's; transfer to HAREC, Dhaulakuan. The exercise culminated in issuance of impugned transfer order dated 18.09.2019 (Annexure P-1) whereby petitioner was transferred from Dhaulakuan to Palampur to accommodate respondent No. 3. 4. In CWP No. 1919 of 2019, titled Surinder Kumar vs. State of H.P. and Others, this Court, relying upon Sanjay Kumar vs. State of Himachal Pradesh and Others, (2013) 3 Shim LC 1373, Amir Chand vs. State of Himachal Pradesh, (2013) 2 Him LR 648 and Ashok Kumar Attri vs. Himachal Pradesh Power Corporation Ltd. (2013) 3 Shim LC 1594, held that it is prerogative of the Administrative Head to transfer the employees, but, in accordance with law, in the interest of justice and not merely on the basis of UO/DO/request Notes, issued at the behest of elected representatives. The Administrative Head/Competent Authority, having the power to transfer the employee, has to apply its own uninfluenced mind to the request/recommendation, if any, made by the elected representatives and has to take an impartial decision in respect of the transfer of any employee, in accordance with Transfer Policy. 5. Applying the ratio of above law to the facts of instant case, it is clear that even when the competent Authority had desired to let Sh. 5. Applying the ratio of above law to the facts of instant case, it is clear that even when the competent Authority had desired to let Sh. Achhar Singh complete his normal tenure at Palampur, still petitioner was transferred only to accommodate respondent No. 3 and that entire exercise was undertaken on the basis of U.O. Note issued by elected representatives. The competent authority had not applied its impartial and free mind in issuing impugned transfer order. Such a transfer order cannot be allowed to sustain. Accordingly the instant writ petition is allowed and the impugned transfer order (Annexure P-1) is, therefore, quashed and set aside. However, considering the fact that petitioner is serving at HAREC, Dhaulakuan, for past 19 years, we leave it open for the respondents to consider the case of transfer of petitioner and respondent No. 3 afresh in accordance with law and Transfer Policy. 6. With the aforesaid observations/directions, the writ petition stands disposed of, so also the pending miscellaneous applications, if any.