‘smGLE Lawn ,@ M- IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR w. P5NO§ZS g5 _ , 472006 , ( s 3 ) Service Matter ’Shailendra Tandon, S/o. Shri Gopal Prasad Tandon Occupation- Patwari. Aged about 33 years R/o Tarbaher Dist. Bilaspur. CG. VERSUS «’9‘ RESPONDENTS : / 1. State 0f Chhattisgarh Through Secretary Deptt. of Revenue , Mantralay DAKS. Bhawan, Rajpur (C.G.) . Additional cemmissioner 9% Through — commissioner Land Q record Chhattisgarh Raipur PETITIONER .‘a§?yc x \ ) @n 3o (C‘G‘) Ky ox " $(§% J%‘\V ‘p / 3. Collector > ‘Bilas‘pur Dist. Bilaspur (C’Gt) / 4. s‘Do. Bilaspm (0G,) WRIT PETITION UNDER ARTICLE 22é/227 OF THE CONSTITUTION OF INDIA. in, 1 Writ Petition (S) No. 5254 Gf2006 Petit'mner: Versus ‘ Raspandents: H}GH COURT OF CHHA’I‘TISGARH AT BILASPUR Sd/- Satish K. Agnihotri Judge Shailendra Tandon State of Chhattisgarh 85 others ?ast far order on ix /O November, 2006. «£8 \\ HiGHzCOUR'I‘ OF CHHAT’I‘ISGARH AT BILASPUR Writ Pemjon (S) No. 5254 of 2006 Peh'h'oner: Shailcndra Tandon Versus Respondents: State of Chhattisgarh 6r. others snide Bench: Hon’ble Mr. Justice Ratish K. Agihohi. [x Smt. Renu Kocher, Advocate for the pct'm'oncr. Shri V. V. S. Moorthy, Deputy Advocate General with Smt. Anju . ;\ Abuja, Deputy Govt. Advocate for the mspondents. . 2.06) The following order of the Court is passed by Satish K. watt J. 1. The petitioner is employed as Patwari and posted in dishict’ Bilaspur. By order dated 15.2.2006 (Annexuxe P/ 2) the petitiomr was transferred horn Patwari Halka Number 7 Baitra, Gadhvat to Patwari Halka No. 20 Tahsil and District — Bilaspur. Befom the said tmnsfer order could be given ed‘ect to, i1 was amended by subsequent order dated 30.6.2006 (Annexure P/4) whereby the petitioner was posted at Patwari Haika No. 19 Tahsil and District- Bilaspur instead of Patwari Halka No. 20 as per the earlier transfer order dated 15. 2.2006. '2. Being aggrieved the petitioner bled W.P.No. 3684/2006, impugning the subsequent nansfer order dated 30.6.2006 whereby the earlier transfer order dated 15.2.2006 was amended and he was posted at Patwari Halka No. 19. This Court ader hearing learned counsel appearing for the parties, at the request of learned counsel for the petitioner, granted liberty to the pctiu‘oner to make a representation before the Secretary Department of Revenue, Manfmlaya, D.K.S. Bhawan Raipur (Respondent No. 1). The mspondent No. 1 after having considered The lepresentation of the petitioner as well as other attending cimumstances passed the order dated 6.9.2006 (Annexum P/ 1), as under:- “3/-%emmmmamm$m$mi¥ WwmwWWWWMW !i1%5ft mawwwwmWMw§wn mmmdwa€i%%mmw$mmm 15.n2.m06$mmmmmpimww%m wmwdmwmdqmwdnwemx WWII§1 ’ Wmamamnwmwmgadimm mwwwmmmwmmtéersmmzooe WMWE§W$W€1WIW1W§ I” . I have heard learned counsel for the petitioner and perused the Ieconis appended to the petition. On consideration it is found that there is no proved malafide or any violation of the atatutm'y rules or regulations. In fact transfer of persons holding the post of Patwari, within the district, depends on allocation ofworks, which is in public interest and due to the administrative exigency. l do not nnd any infirmity in the order dated 6.9.2006 (Annexme P/ 1) passed by the Government. Thus the petition is devoid of merit. . It is well settled principle of law that transfer is an incident of service and it is for the employer to decide as to where a particular odicer/employee he posted keeping in View public interest as well as administrative exigency. This Court has limited jurisdiction to interfere in the transfer matter and this Court can 49 interfere only in the case of proved mMe, non-competence of authority passing the transfer Older and transfer order not being in conformity with the n1les and regulations. None of the above grounds ale available to the petitioner. 5. In view of the foregoing, the petition is dismissed. No order as to \ __ \ Sd/- Satish K. Agnihotri Judge costs. t Thakur