HIGH COURT OF CriHA ‘ ”N‘I3GAR‘H“LBWPQK W. P. 1S! No. 3733 of 200$ ML Shn' Utkamh Verma counsel for the netitionér bhn Yashwant §mgh DV Advocate (general appears tor tho State/r“ pendent no * on advanc‘ copy r S‘UNIL KUMAR SINHA, J. Heard. The petitioner, who is working on the post] of Assmtant Engineer, has been tmnsfemed from Pendra Road to Malwahi which is at a distance of 30 Kms. The petitioner was posted at Pentra road sincc 04.7.200b. Learned counsel for the petitioner argues that the petiuoner is shown to be transferred on administrative grounds whereas simultaneously respondent no.2 has been shown to be transferred to Pentra Road on his own request and expenses, therefore, the transier 01 the petltloner was eneoted to accommodate respondent no 2 He also argues that me mcumbent ot the petmoner 1s nub- hngmeer and, he has been posted at the place of petltioner, Who ‘7" /~. \V ’ PE‘I‘I‘NONER D. Jajswal, s/o Late Shri Dhanaram Jaiswal, aged 44 yams, Divisianai Offlccr Water (Construction), Sub Division, Rcad, Distt. ilaspur(C.G) Versus _RE$P(JNI)ENTS ‘1. mate 01 bnhatnsgarh through ncrs‘ “’nt Rss , m Uepartmem, D.K.ts. Mantralaya, Raipur (0%.). 2. M K Nema, Sub—Englneer ‘waeurcns; Dspt. “"13 Dxmmon Knongsara, Distt. 2 3" 33 wP (smw ‘ 200;: was working as an Assistant Engineer. He also argues that the petitioner has been txansfexred to Mamahi Whereas there is no vacant post ofAssistant Engineer at Mamam‘. On due consideration, it does not appear that in any manner, the order of transfer 1‘s an out come of malande. In an usual manner when a person is transferxed to some other place on administxan‘ve exigency and the post held by that person hes vacant then somebody is brought to his post to iook after the works and if a person has already given option for that place and has been brought to that place, it cannot be said that he was brought with a malajide intention or with an idea to accommodate him in place ofthe out going person. \ As far as transferring a Sub’Engineer to ofticiate the works of an Assistant Engineer is concerned, that is the out-look of the Government and not of the Court. The Government 1s free to take its own decision looking to the nature ofwork and the person to be l1. entrusted such work. So far as the last argument regarding avallabmtv of the post at Marwahi is concerned, at this stage, only on this basis, the order of transfer cannot be interfered with. Presently if there is no post of Assistant Engineer at Mamahi, certainly the Government has to do some arrangement and for this it would be better for the petitioner to file a representation betore the concerned authority bringing this fact to its notice. This Court can only say that n such a representation is tiled, the concerned authority ”is tree to take appropriate decision keeping in mind the submissions made that there are only two posts of Assistant Engineers at Mamahi and two Assistant Engineers are already working there, therefore, what would be the position of the petitioner whenrhe 1‘s insisted to go on transfer to such place. With the above observations, this petition stands iinally Sunil Kumar Sinha f Judge disposed of. (3.0. as per ruies. \ i i i i i i Kan I 3