SMR|,E BEiCN a^^ IN THE HIGH CQURT OF CHHATTISGARH ATBILASPUR PETITIONER WRIT PETITION N0 ^2-C,b / 2005 Smt. Soshan Khalkho, W/o Pradeep Sfy Kumar Khalkho Aged about 34years, ••' Occup.-Assistant Teacher R/o- Primary School Gamahriya, Distt. - Jashpur VERSUES RESPONDENTS 1. State ofChhattisgarh Through Secretaiy Tribal Welfare Department. D.K.S.Bhawan,Raipur (C.G.) 2. Assistant Commissioner. Trible and Welfare department Jashpur,Distt.Jashpur (C.G.) ,C^E-" WRIT PETITION U/A 226/ 227 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF APPROPRIATE WRIT DIRECTION ORDER TO DO JUSTICE IN THE MATTER siiii ^ \3wi •"<4i<.iirt<4, uiTTl<(-i<i<», Rrii'oy<( *ii*i«ia»TTqp ftj.;p....s.?..4.6 • W^200^ air^ricrR'it'tfr msv^wsew B' 3IT^?T tR^ (ljc<Ij61<Ei) ?^IT8R^fl? SIitCT 27.10.2i W.P.No.52S6/25( Shri SanjayAgrawal, coui ;hri Akhih! Agrav/al, Par and 2 on advance copy. The petitioner, v/ho is pn has been transferred from Prin Primary School, Rajouti, District has challengedthe legaiity of the The confention of ,'ear? petitioner hgd undergone a majo go o.1 transfer from Gamahriya t( The law in reiation to transfer is no'A' well settied. The Kandnva^Vidvalasa A'R SCW55S3 refemng to th. 4 as fo! "Transfer which is an i &v me courts by maiafide or infractio( joverning. the transfer Qrrissa). Uniess the ordl made in violation of operj with it. (See Union of transferrsd and .posted authority to decide. Uniel fide or Is made in violati Co'u'rts shou!d not ordind' Vs. Janardi «pi<<rn<!1ii|*inT^"fs''3 '(Rl'^l'! ^sil^rantCT |sel Tor ine petil jel Lav/yer for the State/ respondents No.1 ientiy working as an Assistant Teacher and ^ry School Gamahriya , DisSrict Jashpur to lashpur'vide transfer order dated 31.8.2005, laforesajd order. |°d counsei for the petitioner is ihat the operation, therefore, she will not be able So ^cSiUUU. Iterference bv the Courts in ihe matter of |Apex Court while deaiing vvith the matter of »r Pandev. various decisions has observeo' vide para ;idence of aervice is not to be interferec t is shown to be cleariy arbitran/ or vitiated of any prescribed norms of principies r of transfer is vitiated by rnaia fide or is ines, the Court cannot interfere ;.!.. Abbas). Who should be rhere is a matter for the administrative s the order of transfer is vitiated by mal n of operative any guideiines or ruies the it. In. •banath & another, it was obsewed as :'!lF'.';/2005-20,000 XI-HC-78 vd-cq -^Kort^, y-rft'(4<ic?, Rril^y'< <ii*ic»is^qr^ 3n^?TtR^(^cif5CRE[) W^WlK'i' craran^CTgiWF <RI<|I<»<?1*1!*tttV^'fetQ •(Rl'WM ^Sff^HOT^ST i^i t-i^^ !57 "No Governmer undertak.nfl has anv legal particular p'ace or placs particular empioyee appt> transferable posts from incident, buf a condition interest and efficiency in order of transfer is sho exereise or stated to b< prohibiting any such tr< routine, as though th< substituting their ow empioyee/management, interest of administrative This position was high ror Ca sen,'ant or employee of a pubilc right to be posted forever at any one of his choice since transfer of a ciass or category of 'ne piace to another is not only an service, necessary' too in public the public administt'atjon. Unless an vn to be an in violah'on of statutor^'. nsfer, the Courts or the Tribunais lers as a matter of y v/ere the appeilate authorities decision for that of the s against such orders passed in the sxigencies of the service concerned. by this •pn. Ltd. Vs. Shri BhasftiVaii."f2001) iCCl Leamed counsel for the peti'Sic lai'afide or infringement of stafutop/ n ,'n the facts and cireumstanc rterfere in this order or transfer. There is no merit in the Detition So far as the persona! diffio ndergoing a major pperation are co| spresentation before the conce.r.ned a This pet.ifion stands finally dispj Consequently, M.W.P.No.425q ner could not poinf out anv around of les, framed for governing the transfer. of the case, i am not inciined to and the same is dismissed. Iti'es of tt cerned, tl 'thority. petjtioner on account of Detitioner is free to file a 2005 also stands disposed of. Sd/- Sunil Kumar Sinha Judge ^•^- ,\ -^-/^