Devesh Prasad, S/o. Late Shri Ratoeshwar Prasad, aged about 44 years, Occupation Service, (Pri.acipsl) Assistant Director, Office of fhe Assistais.t Comissioner, Tribal Developiaent, Jagdalpur, Uistt. Bastar (CG-) I. State of .Chhattisgarh, Thiougb. Secretary, Schedule Caste and Schediile Tribe Developm.ent Departnient, . D.K.S.Bhawaii,Raipur(CG5 2. The Assistaat Coisimissiouer, Tribal Development, Jagdalpur, Distt. Bastar (CG) 3. The Coium.issioD.er, Schedule Tribe and Sctiedule Caste Developm.ent, Raipur Distt. Raipur (CG) WRrrPETITIONUNDER ARTICLE 226 O? THE CONSTITUTION OF INDIA Shri Subasb. Yadav, eouasel for the petitioner. Shri ParLkaj Shnvastava, Paiiel Lawyer for fhe State. (l®.05.?p09) With tb.e consent of fhe parties, ftie inatter is heard finaUy. Grievance of the petLtioner is that vide order dafed 8.11.2007 he was proaioted to the post of Principal aad F posted as Assistant Director under respondent No.2. Vide order dated 14.11.2007 (Ann.exure P/2) he was posted.in fhe ofiice pf Assistant Coinmissioner, Tribal Developiaent Department, Jagdalpur agam.st the vacaat post of Assistant Director. Thereafter, vide order dated 20.12.2007, tiie said order was laodified and the petitioner was posted as Incharge Pruicipal, Govt. Higher Secondary School, Pandripani. Conteirtion ofleamed counsel for thejpefttioner is fhat he inade a request for reUeving but he was not relieved and he continued in fhe office of Assistaat Coiam.issioner. Further con.tention of coiuisel for fhe petitioner is that vide order dated 28.02.2009, he has been shifted fi-om. the office of Assistaiit CoTnTnissioner to Incharge, Priacipal, Govt. Higher Secondaiy Schoo], Kukan.ar, Block Darbha, Distt. Bastar and accordiag to him., this order is bad. Lastty, he contends that at best, he caii be posted at Paiidripani aad accordm.g to him, fbe order im.pugned is iUegal. On the contrary, leamed counsel for the Sta'tfc, contends that fh.e petitiouer is working against the vacant post of Assistant DireGtor but he cannot be aQowed to contuiue on the said post because vide order dated 31.5.2008, the Govemiiient has taken a decision fhat the post ofAssistaat Director beiag 3-egulatory in nature canaot be filled from fhe cadre of Education department. He furfher contends that as per petitioner's own. saying vide Annexure P-9, one J.M.Shrivastava has been posted at Govt. Higher Secondaiy School, Paiidnpaxu aad therefore, fhe said post is also uot vacaat. He also conteu.as fhat fhe ta-aasfer is an incident of serviee and the petitioner camlot claiin fhe posting ofbis ownchoice. | I have beard coiinsel for the parties and perused the docuraeiits as filed by fh.e petitioner, I find no nierits ia fhe case. I find no. m.erits m. case. Accordiagly tfie petition is disinissed. s/- Sd/- Pritmker Diwaker Judge tlT;