HIGH CQURT OF CHHATTISGARH BaLASPUR w.P.(S) No, 2881i2a303 PETiTlONE‘R N.L. Pate! (Nehru La! Patei), age 44 yeara S/o Shri Kalap Ram Patel, By Caste, Agha¥ia1 By Posi- Junior Engineer, At Present posted at C.S.E.B., Division office at Mahasamund City, Distriet Mehasamund(CG) Versus REPONDENTS 1 Chhattisgarh State Electricity Board, Threugh the Secretary, Post Dagania, Raipur, District Raipur(CG) Chief Engineer, (O 8: M), CSEB, Dagania, Raipur(Chhhattisgarh) 3 The Executive Engineer, CSEB, Division office at Mahasamund, District Mahasamund (Chhattisgarh) WRIT PETE‘TIGN UNEJER ARTICLE 226 OF THE CONSTiTUTiON OF £NQ§A Appearance : M Shri J.A. Lohani, Counsei for the petitioner. Shri AS. Dwivedi, Dy. Government Advocate for the State on advance copy. {)Riii. ORDER (94.!)62998) SUNIL KUNmR SINHA, J. Heard on admission. The petitioner, who is working on the post of Junior Engineer in Chhattisgarh State Eiectricity Board(C.S.E.B.), has chaiienged the order of transfer dated 8.5.2008(Annexure P-i). by which, he has been transferred from JE Mahasamund (T) DIC (O & M) Division, Mahasamund to JE Maikharoda D/C (O & M) Division, Sakti in the same capacity. Learned counsel for the petitioner submits that the petitioner s suffering from serious aiiment, tor which, he is undergoingi'the 4 2 J W?(S)2881/2008 w treatmeni from Banthia Nursing Home, Raipur and if the order of transfer is given effect to, it may adverseiy affect the health of the petitioner. He atso submits that in this regard a representation dated 16.5.2008 (Annexure P-4) has already been filed by the petitioner before the concerned authority, but no orders have been passed on it. Needless to say that transfer is an incidence of service and nobody, working on a transferabie post, can claim for his posting at a particular place, It is for the empioyer to see that who should be posted where keeping in mind the administrative exigency as aiso the pubtic interest, for which, the department is functioning. The grounds raised by the ,oetitioner in the writ petition are not worth consideration for the purpose of setting aside the order of transfer. The petitioner couid not make out a case either of maiatide or of extraneous consideration or that the order has been passed t violation of any statutory ruie or the Act. i do not find any merit in the ,oetition The same deserve to {1'} be and is aooordtngiy dismissea‘, However, the authorities are tree to decide the reoresentation fited Toy the oetiiioner +4. on i852€i§8 on its own merits and they strait not he in‘‘zioenced ‘oy the observations made by this Court in the order, as the area for consideration in both the fields is entirely different. in View of the above, i.A.No.t33I2008 for hearing the case during $ummer Vacation and icANo. {32/2GG8 for Urgent Hearing stand disposed of. Sdl- Sunil Kumar Sinha i, Judgemv