^ H H COURT OF CHHATTISGARH, BILASPUR Writ Petitioa (81 No. 7493pf 2007 PETITIONER Awinash Aiiand, S/o.Shri P.K. Aiiaad, Aged about 41 years, Occupation- Service (Workiag as Assistaat Grade- III in the Office of Chief Medical Officer, Ainbikapur), R/o- Dampara, RajendA Waid, Ambikapur, Distt. Surguja (C.G.) Vcrsus RESPONDENTS 1 State of Chliattisgarh Through it's Secretaiy Departinent of Health and Family Welfare, D.K.S. Bhawaa, RaipurfC.G.) 2 CoUector, Aiabikapur, Distt. , Suigiija(C.G.) 3 Ctuef Medical Qfficer, Ambikapur, Distt.Si.irrguja (C.G.) (Writ Petition uader Artlcle 226 ofthe ConsUtution oflndiai Apiiearance: Shri Vinay Paadey, couiisel for the petitioner. Ms. SunitaJain, Paael Lawyer, for fhe State on advanee copy. ORALQRDBR (19.12.2007) SUNILKUMAR SINHA^^J. Heard Qnadmission. . The petitioner, who is worldng on the post of Assistaat Grade-III, in the office of Chief Medical Officer (C.M.O.), Auibikapur, has been transferred to Conunurdty Health Center, Rajpur on adininistrative grounds, On beiag pointedly asked from the learaed counsel for the petitiouer fhat suice when the petitioner is workmg at Ambikapur, he subinits fhat the petitioner is workiag tliere since fhe year 2002,' Leamed counsel for the petitioner argues that fhis order was passed on 7.7.2006 but stuce a representation was filed by the petitioner on his health ground, he was not relieved and ultunately now he has been relieved vide order dated 11.12.2007 ihat in.ean.s ahiiost after inore than 16 nionths aow fhe petitioner is being reUeved for his ttansfeiTed place. He W.P.(S)No.7493/2007 subinits fhat rtow the admiaistrative exigency does not survive, therefore, order should be caaceUed, I have heard the leamed counsel for the petitioner aad have also perused fhe records filed alongwith fhe writ petition. Traasfer is aii iacidence of service. No person worknig on a transferable post caa elaim to be posted at a particular place. It is for fh.e einplQyer to see that who should be posted where in fhe uiterest of better fiuictioiung of fhe departinent as also public iuterest. It is the settled view of fhe Apex Court that uiiless fhe order ofti^nsfer is vitiatedby iualafi.de or extraaeous cousideratious or is agauist any statutory Rule or the Act, it caojiotbe interferedwithbya CourtofLaw. Leanied counsel for the petitioner could not pom.t out aay ;round of inalafide, or extraneous considerations or that the order has been passed agauist auy Statutoiy Rule or the Act. I do not find any reason to iaterfere with the order of transfer of the petitioner. Moreover, the order was passed on 7.7.2006 and the petitioner was detamed at Ainbikapur for about 16 inonths oa health ground, fherefore, iadeed there appears to be no merit ia fhis writ petition. The sanie is liable to be dismissed and it is accordingly dismissed at the inotion stage iteelf j g^ 1 Sunil Kumar Sinha Judge vatti »= -tp