@ HIGH COURT OF CHHATTISGARH, BILASPUR $13.13) No.4584/2oo7 PETI'HONER Ranbir Singh, aged ahont 50 years, Sl’o Late Ranjit Slugh, R/o Civil Lines: Ward N. 21, Manendragarh, Dishict Koriya (C.G.) Versus RESPONDENTS 1. The State of Chhattisgarh, thmugh Secmtary, Ministry of Revenue, D.K.S. Bhawan, Raipur '2. The Collector, Koriya, Baikunthpur 3. Tahsild at", Manend ragarh, District Koriya WRIT PETITION UNDER ARTICLE 2.26 OF THE CONSTITUTIO 3F IHDIA Ayyearance: Shri Parag Kofecha, Counsta‘g for the yetitioner. Shri A,S. Kachhwaha, Govt. Advocatc for the. Staie. on advance copy cam. mama (06.08.2007) SUNIL KUMAR SINHA, J. Heard '. The petitioner, who is; workiog on tho posf of Assistant . \ Grade~II in Tehsil OFFlco, Manendmgarh, has hoan frangfened from Manandragarh to Khadgawa by onier dated 20.07.2007 (Annoxure P—1) on administrative grounds. Learned counsel for the petitioner submits that the. order of transfer has heen passed in violation of the Transfer Policy, as the same has been affected in the han period. He refers to clause 3 (l) of the Policy dated. 13th June 2007 (.Almexure 13,1 2). His subnlissioa is that this Policy was to he strictly followed, but this has not. been done in case of the yetitioner. His over all submission is that the transfer order passed in violation of the Transfer Policy should be set. aside, In the matter of Union of India- Vs“ Si. Abbas, AIR 1993 SC 2444, it has been held by the Apex Court that the guidelines ‘ W.P.(S) Nn.4584/2007 issued hy The Government about the: transfer 0f Government employt‘e do not confer upon tha Government employee a legally enforceable right. lt has a1$o been held vide para '7 of the aforesaid judgment that who should he transferred Where, is; a matter for the appropriate authority to decide. Unless the order of transfer is. Vitiated by malatides or is made in violation of any statutory provision s; the Court cannot interfere with it. However, it has been further held that while ordering the transfer, there is no doubt, the authority must keep in mind the guidelines issued by the Government on the subject. Further in the matter of State of {LR and others vs. Gobardhan Lat, 2,004 Am SCW 2082, it. has been observed. by the Apex Court that, even administrative guidelines for regulating transfers or containing transfer policies at best may afford an opportunity to the otlicer or servant concerned to approach their higher authorities for red ress but cannot have the consequence of depriving or denying the competent authority to transfer a particular officer] Selvant to any place in public interest. and as is found necessitated by exigencies of service as long as the official status is not. affected adversely and there is no infraction of any career prospects such, as seniority, scale of pay and secured emoluments. The Apex Court hasfurther observed that. the order of transfer made even in transgression of administrative guidelines cannot also be interfered with, as they do not confer any legally enforceable rights, unless, as noticed supra, shown to be vitiated by mala tides or is made in violation of any statutmy provision. On being pointedly asked from learned counsel for the petitioner that from which period the petitioner is posted at Mandendragarh, he submits that the petitioner is posted at Manendragarh since the year 1.096. Having heard learned counsel for the parties, having gone through the contents of the petition, having perused the contents of the Policy and having considered the circumstance that the petitioner is posted at Manendragarh since the year 1996 i.e. he has completed more than 11 years at one place, i do not find any ground of maiatide or a ground of extraneous consideration or a ground of Viol transfer of the ThiS pat} only nannat h is. dism'wsed at Shyna 53,. ration of the statutary Rum 0r Act in. th€ m petitionar warranting i ‘tkm med, on the grm entertained, Tha same i itse1f. l e the motion stage, after of itarfemnoe by this Court. Po1icy aod 1N1 of violafirm of the s 1iah1e f0 he (iismissod ‘ Sdl- 1 Sunil Kumar Sinha i Judge 1 W.P‘§ S} No.4584l2907