IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION No.4é3"? OF 2004 PETITIONER /]/égat Narayan Singh, aged about 54 years, S/o. Shri Banka Singh, Posted as Accountant (Class-lll) \ 0A4”. Non-Executive, In the Office of RESPONDENTS . State of Chhattisgarh, Through the Secretary, Department of Home Schedule Caste 8t Schedule Tribe Development Department, D.K.S. Bhawan, Raipur (C.G.). The Collector, Bastar, District ]agdalpur (C.G.. The Assistant Commissioner, Tribal Development Department, )agdalpur, District Iagdalpur (C.G.) Smt. Ahilya Nage, Accountant, Govt“ Higher Secondary School, Bhanpuri, Distt.]agdalpur (C.G.) WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA WI DETAILS OF THE PETITION /' ) “12$ District lagdalpur (C.G.). naiéé)“. VERSUS XI—HC-22 ,- WW,W$,W WW 0‘1 mmw.g/gf$/@ m W mm ma1%ér WW&‘WW ém§mné¥1 13.4.2005 Shri A.K. Shukla, coun Shri Akhil Agrawal, Pal The petitiofmr, who is ASsistant Cemmissaiongr, preferred this petition questi V ordar dated 13.8.2004 Wher from the oiflce of Assistal Jagdalpur to the oiflce of Dis ‘sel for the petitioner. 1e1 Lawyer for the State. working as Accountant in the oiiice. of Tribal Development, Jagdalpur, has ailing the legality 35 propriety of transfer eby the petitioner has been transferred 1t Commissioner, Trihal Development, trict Education Ofhcer, Block Makadi. The case of the petitioner is that he is Working as Accountant t Commissioner, Tribal Development, Non-executive post. He is working there the petitioner has been transferred from amissioner, Jagdalpur Without seeking concurrence of the Chief Mirister and the order has been passed just to accommodate respondent No.4; who has been attached in the office of Assistant Commissioner, Tribal Development, Jagdalpur. The petitioner’s further case in the office of Assistan . Jagdalpur graded as Class—3 since July, 1998. However, the office of Assistant Cor is that he is permanent employee of the said department and he has’been transferred to Makadi Where no post of Accountant is lying, vacant, as there is only one post of Accountant and on that post one Shri Lalit Kumar Sahu is already posted. The petitioner has t virtue of order dated 7.6. 1993 (Annexure P-l l) w.e.f. 20.1. 1989. Return on behalf of the respondents has already been filed in which it has been mentioned that the petitioner hasbeen transferred een declared as permanent employee by a XI-HC—22 HW,W,W Wm WW . .k.z.r1.6.§7/.m Ha 200 a representation to the respondent authorities but that has been ected without assigning any reason. Learned counsel for respondents submits that the petitioner has been transferr on the post of equal pay i.e. on the post of Investigator in the of ce of Block Education Officer, Tribal Development, Makadi. He fui lei" submits that personal difficulties should not come in the Way of dministrative exigency, the transfer is an incident of service and o an essential condition of service. Therefore, the petition be dism ssed. Rejoinder to the return has also beenfiled on behalf of the petitioner. Having heard learned c unsel for the parties, I have perused the record. It is an admitted positi n that the petitioner was working as permanent accountant in office of Assistant Commissioner, 'Jagdalpur and Vida Olfder da ed 7.6.1998 (Annexum P—ll) he was confirmed on the post of Acco intant w.e.f. 20.1.1989. Moreover, the petitioner has specifically me tioned in the petition that no post of Accountant is lying Vacant at akadi where he has been transferred, on thc ground of administrative 6mgency and he has already besn relieved from m6 post. Learned counsel for the 14)etitioner submits that the petitioner is suitering from Diabetes and his daughter is studying in -M.Com (Previous) and the transfei“ order has been passed in mid academic session. Counsel further subnPits that in pursuance of the Court’s order, the petitioner has m 1 a j e e. s e . .nm ....... . ..................... mam WW mw mmatm , £ ,- WW&%¢TW éswanw XI-HC—22. man mm WW / 1 as th€re is only one post of accountant anéi on that postone 8hn‘ Lalit K11mar Sahu is alraad§ posted. In reply it has boon mentioned that tho petitioner has been transferred on the post of I vestigator and the pay scale of both the posts is equal, but respon ents have not been able to demonstrate that how a permanent acco 1ntant has been transferred on the post of Investigator and whether e post of Investigator is in the cadre of Accountant. Therefore, in y opinion the impugned transfer order is iilegal, as the Accountan cannot be transferred on a post of Investigator. In the result, {the tition of the petitioner is allowed and impugned transfer order d ated 13.8.2004 (Annexure P- 1) is hereby quashed. Consequently, M,(W.) P. No.4965/ O4 stands disposed of. // H sal- ' 'L.c.BHAD° Judge mm grx a_ (linden) °