S.C. Mathur, J. - (1.) The petitioners who are holding the post of Farm Superintendent are aggrieved by the order, dated 21st July, 1988, Annexure-2, whereby certain officials have been posted in their places.
(2.) One of the grievances of the petitioners is that while persons have been posted in their place no posting orders have been passed in respect of them. The submission of the petitioners learned counsel is that once the impugned order of transfer is implemented the petitioners will be without posting and thereby they will be deprived of salary. We find substance in the submission of the petitioners learned counsel. So long as the petitioners are in service they should be posted some where from where they will be able to draw their salary. Accordingly it will be obligatory on the part of the opposite parties to issue posting orders in respect of the petitioners if the impugned order of transfer dated 21st July, 1988, Annexure-2 if to be implemented.
(3.) The next plea pressed on behalf of the petitioners is that the petitioners can be posted only as Farm Superintendent. For making this plea reliance has been placed upon office memorandum dated 26th June, 1985, copy whereof has been filed as Annexures S-1, to the supplementary affidavit dated 3rd August, 1988. From this document it appears that a person who has once been appointed as Farm Superintendent is to be continued unless his performance goes down From the concluding paragraph of this order it is appear that if the performance goes down Farm Superintendent can be transferred to any other post comprised in the Subordinate Agriculture Service Group-II. It is not disputed that the petitioners are members of the Subordinate Agriculture Service Group-II which comprises, apart from the post of Farm Superintendent, other posts also. Since the petitioners are pleading violation of an office memorandum only, their remedy lies in approaching the departmental authorities only and not this Court under Article 226 of the Constitution of India . So far as petitioners transfer is concerned they can be posted at any post comprised in the service. Accordingly the petitioners plea that they can be posted only as Farm Superintendent cannot be accepted.;