- (1.) THIS appeal has been preferred against the order dated 28.01.2009 passed by the learned Single Judge in W.P(S) NO.4335/2008 by which the writ application filed by the petitioner challenging the order of his transfer from Ranchi to Hazaribagh which is only at a distance of 100 KM, was under challenge. The petitioner/appellant assailed the order of his transfer on the ground that this order of transfer had been issued merely to accommodate respondent no.3, Sukhdeo Hembrom. In addition to this reason, the order was also challenged on the ground that the petitioner -appellant under the garb of the transfer order, would be posted as Assistant Director which amounts to his demotion as he had been functioning as a Deputy Director at Ranchi. The learned Single Judge while dealing with the case of the petitioner/appellant has already observed that as there was no vacant post of Assistant Director at Ranchi during the relevant time, he was allowed to officiate in the capacity of a Deputy Director. Assailing the order passed by the learned Single Judge, it was first of all submitted that the petitioner -appellant although had not completed three years of posting at Ranchi, he was transferred to Hazaribagh. But, this part of the argument is no longer relevant as the petitioner -appellant has by now already completed three years in Ranchi by virtue of the interim order passed by this Court in his favour. Hence, the counsel had to give up this part of his submission. However it was then submitted that the order of transfer is malicious in nature as the order was passed to accommodate respondent no.3, Sukhdeo Hembrom at Ranchi. But the counsel for the appellant is missing that the petitioner/appellant's order of transfer could not be assailed on any legal ground as he has completed the required three years period at Ranchi. His grievance against the order of transfer obviously is not fit to be sustained and this should not have been over -looked by the appellant. In so far as the plea in regard to his posting as Assistant Director at Hazaribagh is concerned, the same is a separate issue but it is informed by the counsel for the appellant that the appellant has already succeeded in establishing his case before the Patna High Court that he is entitled to be posted on the post of Deputy Director and not as Assistant Director. If that is so, he obviously had no reason to secure that relief by challenging the order of his transfer as that issue in regard to his promotion to the post of Deputy Director would still remain in his favour, if that is in existence. Counsel for the appellant, apart from the aforesaid submission, which have been dealt with hereinbefore, submitted that the petitioner/appellant is on the verge of his retirement and as per the Circular dated 22.12.2001, he is entitled to have a posting of his choice. In view of this Circular, the appellant is surely entitled and would be at a liberty to approach the competent authority by way of a representation or otherwise for granting him the benefit of the Circular. But in so far as the instant order of transfer is concerned, no interference is required. The appeal is, accordingly, dismissed.;