'.l' ^4 ^ ll^- IN THE HIGH COireTOP JUDICATURB; AT BUASPUR CHHATTISGARH WRIT PETITION.NO.•t-S^'OF 2005 BETWEEN Santosh Singh S/o Late Sfari Kaushal Singh , aged about 41 years, occupation Assistant .Teacher , posted at Govt. Girls Poorva Madhyamik Shala, Nariyara , resident of Village Sonsari , Block Akaltara , Tahsil and District Janjgir Champa, (CG). ^ .Go^~ •^MA'^ ^-''w A\ '^ ^ ^^o.' .^"' 0^°'i' PEMTIONER AND K'qd arrg-,:^ 1. The State of Chhattisgarh, Through the Secretary Department of School Education, Mantralay, Chhattisgarh, D.K.S. BuUding, Raipur (C.G.) ^The Director, Public Instructions, Raipur, ^' A ^i'i^-Sj'ahsil and District Raipur (CG). l.i The District Education Officer, Janjgir Champa, District Janjgir Champa (CG). ./^ ^0".^' ^- \w/ ^y../ •/.-"1l'Y€<f w / 4. The Block Education OfGcer, Akaltara, District Janjgir Chainpa. 5. The Head Master, Govt. Girls Poorva Madhyamik Shata, Nariyara,- District Janjgir Champa (CG). RESPONDENTS WRIT PETITION ONDBR ARTICLE 226/227 OF CONS'nTOTION OFIHDIA XI-HC-78 «tl*1dil^mq? ^ssl '^iww^. yi^'d'ls, RioKiyt ^s^i !^ w^zoo an^CTmR-ii* awan^»T2R*ira» 3H^?T (WP (l^tf'jcl.ri) ®RITW^riS!T3II^OT iint. Mala Dubey, leara|' Shri Bhaskar Pyasi, Pa( The petitioner, who is posted at Govt. Gu'ls Poorva been traasferred froia Nafil chaUenged the legality of his l)i No grounds of raala&d^ petition. The only groiuid i) session tran.sfer whicli inay petitioner. The Apex Court wliile c| refemng to the para 4 as feUows: Traasfer which is an iaterfered with by the C( arbitrary or vitiated prescribed norms of pi of transfer is vitiated b.y operative guideliiies, the and posted where is a ru to decide. Unless the ord or is inade ia violatiou of Courts should not ordit observed as foflows: <b|tl[c!»41'111*1cfi)'It"fe'<9•(Rlt<;ii ^alRlHsn^CT ;d coiuisel for fhe petitioner. el Lawve.T for fhe State. rorking as ail Assistant Teacher and vladhyanuk Shala, Nariyara, and has rara to Higli Sehool, Bai-pali has raasfer order dated 31/8/2005. ts etc. have beeii raised in fliis writ fcused is tliat the traasfer is a inid- affect the studies of fhe cliildren of tiie :aling with the niatter of Ketidriya. ^arious decisions has observed vide incidence of seivice is not to be [urts luiless it is shown to be clearly |y niala&de or infraction of any jmciples goveming the traasfer (See IState of Ornssetj. Unless the order mala fide or is made ui violauon of Coiu-t caiuiot interfere with it. (See AS&ets^ Who should be transferred ^.tter for the adDiiiiistrative autliority •r of traasfer is vitiated by niala fide |operative aay guidelines or rules fhe (arily interfere wifh it. In Uniosi ef DebatWth &, an.stts.er, it was <-^ . . <s<\ R? XI-HC-78 <3wt•^tl^ldy,y^'H41<i, fi«i'"3'{ ^,^, .....^..^1.^.. gACTI'lft'ri'F a»(i3n^"i*w*l 3n^?i^qi('i?rf^5) gTOiaR^iftasni" <bl<iid4>-l tiiM^'^tea'rf^SR i»9ll^T3fI^<I No Govemment|servaat or eiaployee of a pubUc undertakuig has a4y legal rtght to be posted forever at place or place of his choice since a particT^lar employee appouited to fhe class or category of tra(isferable posts from one place to aaother is not onJ^ aa iucident, but a condition of service, necessaiy tcjo xa public interest aad efficiency iu )ati6n. Uiiless au order oftraasfer is soiae of mata-fide exercise or stated to be inviolation of|statutoiy provisiona prohibitiag aay such transfer, fhe |Courts or the Tribunals normaUy caanot interfere witM sucb orders as a matter of routme. as fhough they substitutuiR their were the appeUate authorities own decision for fhat of the einplQyee/iaaaageni^ut, as agaiast such orders passed • ui the interest of adE|iiaistrative exigencies of fhe service conceraed. This posi|tion was lugliUghted by ttus Coiut ia. Nationa] Hydroel^cfric Power Corpn. Ltd. Vs. Shri Bhcigwan." In tlie facts aad cucunist^nces of the case, I am not iaclined to iaterfere ia this transfer ordet. The petition has no merit,|fhe saine is dismissed^ 1 "-s^ A B B1 t! ' NK- .^ v'M»