iii A-F^ HIGH COURT OF CHHATTISGARH : BILASPUR Writ Petition fS) No. 5087 of2009 Petitioner Indrajit Markam, S/o Shri Mererani Markam, aged 49 years, R/o ViUage Farasgaon, Post Farasgaon, TahsU Kondagaon, District Baster (C.G.) Versus Respondents 1. State of Chhattisgarh, through Secretary, Scheduled Caste & Schedulcd Tribe Development Department, Raipiur (C.G,), Coxmnissioner, Scheduled Caste & Scheduled Tribe Development DepartGaient, Raipiir (C.O,) CoUector, Office of the CoUector, Tribal Development Branch, Baster^ Distdct Bastar, Jagdalpur (C.G.) 2. 3. WRIT PETITION UNDER ARTICLE 226/227 OPTHE CONSTITUTION OF INDIA (SB: Hon'ble Shri Satish K. Agnihotd J.) Shri Shashi Kumar Kuswaha, Advocate for fhe petitioner, Ms Sniita Ghai, Panel Lawyer for the respondents. O R DE R (OxaB (Passedon this7th day ofSeptember, 2009) Heard, The petitioner has filed fhis petition challenguig tlie oxder dated 11.8.2009 (Annexure P/l), whereby the petitioner, who was posted as Prmcipal, Goverament Higher Secondaxy School, Badedongar, Block Farasgaon was directed to perfonn his duties in High School BhandarsioDi, Block Farasgaon, until further orders, Learaed counsel appearing for the petitioner submits tihiat the peUtioner is aggrieved by fhe impugned order, as he has been teaasferred fix>m one school to ofher school The petitioner has also sought the reUef fhat fhe rcspondents may be directed to grant iacrement after fhe date of promotion and to also graat benefit of sbrth pay conunission. 5. It appears fhat fhe petitioner has clubbed thrce causes of action togefher ia one writ petition, which is not permissible. Three difiFercnt reUefs sought for by fhe petitioner in fhis wnt petition have uo nexus with each other, which ctearly stipulates thrce different causes ofaction. In Khurjawata BucUes Manufiicturing Co. Tantanpara v. Commissioner, Sales Tax, U.P. Lucknow and anothCT1, a Division Bench ofHigh Court ofAUahabad, held as under: <c(8). ,*..... We are not prepared to lay down that fhe practice of uniting ia one petition several causes of action agaiast fhe saine opposite party is reasonable inerely because it is permitted by Order II Ride 3 and, therefore, must be permitted as a rule ofjustice, equity aad good conscience in a proceediag under Art. 226. One safeguard against fhe abuse of fhe practice namely fhat contamed in S. 17 of fhe Court- Fees Act is not available ia a petition under Art. 226 aad fhat itselfis a sufficient rcason for not allowmg it (9), Our aaswer to fhe question is ftiat one writ petition for the quashing of two assessment oxders pertammg to two assessment years or one petition for fhe quashiag of two assessnient orders under two different ta?dng statutes, even fhough the assessee is fhe sanie aad fhe assessiag authority is fhie same, cannot be entextaiaed.-..»...,.3? Hon'ble Supreme Court in Narendrakumw J. Modi v. Commissioner oflncome Tax, Gujaarat2 held as under: "7. It was poiated out to fhe appellaat's counsel fhat so many proceediags aiid orders could not be challenged in one writ petiUon and he was asked to make his submissions m fhe appeal confiiiiag fhe writ petition to one matter only. Counsel chose to confine it to the attack on the attachment order ofthe Income tax OflBcer ia respect offhe money lying ia 1 AIR 1965 AUahabad 517 2AIR 1976 SC 1953 fhe Savings Baak Account White doiag so» he teaversed fhe entire aUegations ia fhe petition by adoptihag aa ingenious method. Counsel submitted that fhe attachment had been made for realization of the mcome tax dues based upon various orders which werc void aad ultea vires. AU fhose orders could be attacked coUateraIly while attachiag the attachment order^ ^"^. 8. Hon'ble Suprcme Court m Dharti Pahar Madan Lal Affurwal v. K. R. Narayanan and others3 held as under: <This petition has been filed by fhe petitioner-ia-persoa. It has been described as election petfcdon-cum-wnt petition, Diinng fhe eourse of his submission before the Coiut it was pomted out to the petitioner fhat such a composite petition is not maiataiaable aad fhat fhe pedtioner could choose to have fhe petition treated as aa election petitton or a writ petition under Article 32 of fhe Constitution. The petitioner subaxdtted ffaat fhe petition be treated as a writ petition aad tfaat fhe reUefs sought by him regarding setting aside of the election of Respondent 1 may be deleted. As per the said statement offhe petitioner this petition has been treated as a writ petitioai fited under Ardcle 32 offhe Constttution,....,,....^ On a query, the petitioner decliaed to file separate petitions for differcnt causes of action aad as such fhis petittoii is not maiatamable. Different cause of actions caiuiot be clubbed together ia one writ petition. Even ofherwise, fhe petitioner has been assigaed duty ia titie same block ie, Farasgaon, thus no prejwlice is caused to fhe petitioner by his posting from one school to anofher schooL It is well settted prmciple of law fhat toransfer is aa iacident of service aiid it ^ for fhe employer to decide asto where a (1997) 8 SCC 766 •^^i^ ."'^.' , .4' & ^ f^') ^te. ^ '^ Iwnini^ 9. particular officer/employee should be posted keepiag in view public iaterest as weH as administorative exigency. This Court has limited jiirisdiction to mterfere ia the transfer matter aad fhis Court caa iaterfere only in fhe case of proved mala fide, non- com.petence ofaufhority passiag the transfer order and traasfer order not beiag m conformity witihi the rules and regulations. Under the provisions of sendce rules, employer has aU the powers to post aa eniployee at a particular place in view ofpubUc iaterest and due to adniuustrative ex^ency, The petitioner is not questioning fhe vaUdity of fhe transfer order on any ofher permissible grounds i.e, proved malafide, non-competence ofthe officer, passing fhe order or m&action of fhe statutoiy niles aad regulations. In view of fhe foregoiag, fhe petition ia respect of fhe teansfer order dated 11.8,2009 (Annexure P/l) is dismissed. In rcganl to other reliefs, the petitioner is at liberty to file a JGrcsh petition, if so advised. SdJ- SatishK. Agnihotri Judge ThalEixr