HIGH COURT OF CHHATTISGARH BILASPUR 55.3.: HON’BLE SHRI JUSTICE SUNIL KUMAR SINHA WRIT PETITION (S) NO. 4108/2010 MRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA Appearance: Mr H.S. Ahluwalia, Advocate for the petitioner. lVls.. Sunita Jain, Panel Lawyer for respondent No. 1 to 3 on advance copy. ORAL ORDER (04.08.201 0) ygglwLKUMA'R SINHA,J. Heard. Petitioner- Mangturam Kunjam is holding the substantive post of Principal. Presently, he is posted as Block Education Officer, Chhuria, District Rajnangaon. By the impugned order dated 15.07.2010, he has been transferred from Chhuria to District Education Office, Rajnandgaon. lVlr. H.S. Ahluwali, learned counsel for the petitioner, submits that the petitioner was posted in Chhuria on 27.06.2009 and just after one year he has been transferred from that place, whereas, according to the transfer policy, he should not have been transferred for atleast 2 & 1/2 years. The policy relating to the transfer does not confer any right to the Government servant to claim issuance of a writ on the grounds contained in the policy. The policy has not statutory effect. The Policy is simply a guideline to the authorities concerned. Therefore, the petitioner has no legal right to pray for v z issuance of a writ on the contents of the policy. mw,‘PW PETITIONER Mangturam Kunjam, S/o Samaruram, Aged about 54 Years, Posted as Block Education Officer, R/o'Village Gotatola, P.O.- Charbhatta Tehsil- Chhuria, Dist. Rajnandgaon (C.G.) VERSUS -RESPONDENTS 1. State of Chhattisgarh, Through: Secretary, Department of School Education, D.K.S. Bhawan, Raipur , (C.G.) 2. Collector Rajnandgaon, Distt. Rajnandgaon. 3. District Education Officer, Rajnandgaon, Dist- Rajnandgaon. 4. Ramavtar Sahu, Block Education ' Officer, Chhuria, Dist— Rajnandgaon. 2 W.P.(S) No. ,4108 of2010 Transfer is an incidence of service. No person working on a transferable post can make his claim for posting at a particular place. it is for the empioyer to see: as to who shouid be posted at which place, keeping in mind the better functioning of the department as also the public interest. Unless the order of transfer is shown to be vitiated by malafides or extraneous considerations or it is shown to be passed against any statutory Rule or the Act, normally such orders are not to be interfered by a Court of law, is the settled view of the Apex Court in many cases. For the foregoing reasons, i do notfind any substance in the petition. The petition is liable to be dismissed and is hereby dismissed. Sd/- Smm. WAR Smm l , , , Judge l