JUDGMENT Sureshwar Thakur, J. - The petitioner, upon, his promotion from the hitherto post, as, Assistant Director, become transferred, and, posted as Deputy Director (Animal Husbandry & Breading), to, District Kinnaur. The afore orders, of, posting, of, the petitioner, upon,his promotion, to the afore post, has been challenged, through the extant writ petition. 2. The challenge, to, the transfer order, is, grooved in the impugned transfer order, borne in Annexure P-1, infringing the conditions, embodied in the apposite instructions, of, 20.7.2020, hence, mandating against postings, and transfers being made within the phase(s) or period(s), as, embodied therein. Furthermore, it is also averred that the petitioner, is, beset with disturbing circumstances, inasmuch as, his becoming enjoined to lookafter his father, aged 87 years, and, also his posting at a remote/hard/difficult area, from his present place of posting, especially at the fag end, of, the petitioner's career, making breaches, upon, the relevant principles, borne in Annexure R-1, (a) principles whereof, regulate the transfer, of, State Government Employees, inasmuch as, it becoming embodied therein, vis-a-vis, (b) there being no embargo, upon, the government to dehors the public officer earlier serving in difficult/ hard/tribal area, to, on his promotion, hence, re-transfer, and, re-post him thereat, (c) yet with a rider when he has less than five years for superannuation. The afore apposite exceptions, vis-a-vis, the afore plenitude powers, of, transfer, conferred, upon, the respondents, rather arising hereat. Significantly, since the petitioner has averred, on affidavit, vis-a-vis, his falling within the zone, of, the afore exception, to the afore powers, vested in the government, inasmuch as, his being aged 55 years, reiteratedly, thereupon the apposite exemption, becoming applicable to him. 3. On the other hand, co-respondent No.3, upon his promotion has been directed to join at the extant station, of, the petitioner. The respondents, meted a detailed reply to the writ petition, and, contested the endeavour, made by respondent No.3, to his becoming posted at Kinnaur, in substitution, to, the posting thereto, of, the petitioner, (i) on the ground, vis-a-vis, respondent No.3, holding vested interests in commercial properties, owned by him thereat, inasmuch, as, in District Kinnaur. Furthermore, it is also contended in the reply, furnished, to, the writ petition, vis-a-vis, there being a contemplation in the relevant policy, against officers being posted, in their respective home districts, or, divisions. Furthermore, it is also contended in the reply, furnished, to, the writ petition, vis-a-vis, there being a contemplation in the relevant policy, against officers being posted, in their respective home districts, or, divisions. Consequently, it becomes incumbent, upon, this Court to test the validity, of, the afore propagation, made, by the learned counsel for the writ petitioner, and, by the counsel for respondent No.3, along with, other contentions, made before this Court, in the reply furnished thereto, by the respondents. The fulcrum of the entire lis becomes rested, upon, Annexure R-1, annexure whereof, contemplates therewithin, the guidelines, regulating the transfer, of, State employees. A reading thereof unfolds, vis-a-vis, the Annexure R-1, becoming applicable, vis-a-vis, all officers/ officials, working in the Government of Himachal Pradesh, and, also it becoming applicable, to, officials/officers, of, the Boards/Corporations, and, Autonomous Bodies, under the State Government, (i) besides it is made applicable, to, the teachers, in, the Education Department. In trite, though there is a complete bar(s) against transfers, of, the officers/officials, as, enumerated therein, or, vis-a-vis, theirs being posted, at the places, mentioned therein, (ii) however, the public office of Assistant Director, or, Deputy Director, is not occurring therein. Consequently, it is unbefitting for the respondents, to contend in their reply, that it is not open to the petitioner, or, to respondent No.3, to contend qua theirs being continued to become posted, within their home districts, or, in proximity thereof, (iii) nor also it is open to the respondents to contend especially, vis-a-vis, respondent No. 3, qua given, his owning commercial properties, within District Kinnaur, (iv) thereupon, upon, his becoming posted thereat, rather would neutralise, his impartiality, and, transperancy, besides, public interest would become jeoparadised, as, no cogent material, in support thereof, becomes placed on record. Needless to say, that unless, the respondents had placed on record, cogent material, displaying, vis-a-vis, theirs meteing stringent adherence, to the afore, material whereof, is, amiss, (v) thereupon it is open to the respondents, to frustrate the impugned annexure, as, endeavoured by the writ petitioner, through the instant writ petition, nor it is open for the respondents, to despite respondent No.3, willing, to, become substituted at the place of posting, of, the writ petitioner, rather baulk his endeavour merely on the afore untenable grounds, as, thereupon this Court would wreak unreasonable discrimination, upon, the petitioner, and, also upon respondent No.3. 4. 4. Be that as it may, even though, a reading of Clause 12, of the relevant policy, clause 12.1 whereof, is, extracted hereinafter:- "12.1 All the Departments will ensure that all employees during their entire period of service will serve for at least single tenure in the Tribal/ Difficult/Hard areas and remote/rural areas. In order to earn their promotion, service in such areas will be mandatory. This would be subject ot adequate number of posts being available in such areas. However, this will not apply to those employees who have less than 5 (five) years to superannuate. This stipulation is to be incorporated in R & P Rules wherever applicable. A common provision to this effect has been devised by the Department of Personnel after having obtained the approval of competent authority. No Government employee can claim his transfer or posting as a matter of right. It will be the discretion of the State Government to post/transfer any employee anywhere in the State keeping in view of the administrative exigencies/convenience." leverage powers in the respondents, to dehors their earlier serving in hard/difficult/tribal areas, yet, upon, their apposite promotion(s) occurring, to re-post any public officer rather thereat, (a) and, also though service in the afore hard area, on promotion, taking place, is, a mandatory condition. However, the afore mandate, borne in clause 12.1, of, the policy, occurring in Annexure R-1, hence in relaxation of all the earlier thereto, cast enunciations, rather empowering , the, executive to, on occurrence, of, promotion, re-post any public officer, in hard/difficult/tribal area, is yet with an exception, (b) inasmuch as, upon, employees holding less than five years to superannuate, (c) thereupon the executive becoming ousted to exercise, the powers, to, upon, promotion(s), of, the public officer, hence, of, reposting him thereat. Since the petitioner has uncontrovertedly averred on affidavit, that he has less than five years to superannuate, thereupon, the afore exemption, to the afore leverage, as, meted to the executive, rather empowers him, to efficaciously contest the validity, of, the impugned transfer order, moreso when respondent No.3, has accorded, his willingness to become substituted, against the station, whereat the writ petitioner, is posted, hence under the impugned order. 5. 5. Significantly, also the respondents, did not deny, qua the transfer(s), taking place in the relevant banned phase, and, also they did not place, on record, the imperative necessity, of, an order of transfer, upon, happening, during the afore ban, it evidently validly happening, with the prior approval of Hon'ble the Chief Minister. Consequence thereof is, the impugned order is quashed and set aside. Furthermore, also the respondents are directed to hence, as desired by co-respondent No.3, to, in the interest of public administration, consider to post him, in substitution of the writ petitioner, to, the office, of, Deputy Director Animal Health/Breeding, Kinnaur. All pending applications, if any, also stand disposed of.