1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 196 of 2016 [ENTITY], S/o Late Shri Krishna Kumar Hatile, aged about 40 years, Teacher, Government Pre-Middle School, Chichola, Rajnandgaon, District Rajnandgaon (C.G.) Petitioner Versus 1. [ENTITY] Through: The Secretary, School Education Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, Distt. Raipur (C.G.) 2. [ENTITY] 3. [ENTITY] (C.G.) 4. [ENTITY] Respondents
For Petitioner : Shri [ENTITY], Advocate. For Respondents : Shri [ENTITY], Govt. Advocate.
Hon'ble Shri Justice [ENTITY] Order On Board 20/01/2016 (1) The Petitioner is working as Teacher (Panchayat) and he was subjected to transfer by order dated 26.10.2015 from Govt. Middle School, Chichola to Govt. Middle School, Salhetola.
(2) Against the above-stated order, petitioner preferred [CASE NUMBER] before this Court. This Court, vide order dated 06.11.2015, directed the petitioner to submit his representation before the [ENTITY] and further directed the [ENTITY] to consider and take decision on the petitioner's representation within reasonable time. (3) The [ENTITY], by its order dated 17.12.2015 (Annexure P-1) dismissed the representation holding that keeping in view of public interest and shortage of teachers, the petitioner has been transferred to Govt. Middle School, Salhetola, which does not call for any interference.
(4) Mr. [ENTITY], learned counsel appearing for the petitioner would submit that order passed by respondent No.2/[ENTITY] rejecting petitioner's representation is not in accordance law, which deserves to be quashed.
(5) I have heard learned counsel appearing for the parties and perused the record with utmost circumspection.
(6) It is a trite law that transfer/posting is an incidence of service. The Court should not interfere with the transfer/posting order unless there is malice, infringement of statutory rules and regulations. The employees may be posted anywhere at the instance of the employer in public interest and administrative exigency. Further, it is for the Government to post another person if any vacancy arises on account of transfer/posting of an employee. (See [PRECEDENT] and another 1, [PRECEDENT] & another 2, [PRECEDENT] 3, [PRECEDENT] 4, [PRECEDENT] & others 5 and [PRECEDENT]).
(7) Fact remains that grievance of the petitioner was considered by the Commissioner, Revenue Division Durg finding that keeping in view public interest, administrative exigency and shortage of teachers, the petitioner has been transferred to Govt. Middle School, Salhetola, which does not call for any interference by this Court under [SECTION] of the [ACT]. 1 1974 (4) SCC 3 2 (1991) Supp 2 SCC 659 3 (1995) 3 SCC 270 4 (2007) 8 SCC 150 5 (2007) 8 SCC 212 6 (2009) 8 SCC 337 (8) In view of above, writ petition fails and is hereby dismissed. No order as to costs.
([ENTITY]) Judge D/-