iifc,, ^s SWGLE BEWCH ^^-^ 2^ IN THE HON'BLE HI6H COURT OF CHHATTtSGARH 1 AT BILASPUR WRIT PETCTEON (S) N0. ^^ /2011 PETITEONER Surendra Prasad Gupta S/o. Late Jagdish Prasad 6upta, aged about ; 47 years, (Upper Division Teacher) R/o. Ward No. 6, Balrampur, Block & Tahsil ; Balrampur, District; Surguja (C.6.). VERSUS RESPONDENTS 1. ^'^ .^/^ -^^>' '^^^y -^^' 2. ,^''.?' A--' ^- State of Chhattisgarh, Through the Secretary, General Administration Department, Mantralaya, D.K.S. Bhawan, Raipur, bistrict: Raipur (C.G.). State of Chhattisgarh, Through the Secretary, Tribal bevelopment Department, &.K.S. Bhawan, Raipur, District: Raipur (C.G.). The Collector, Surguja, Ambikapur, District: Surguja (C.G.). The Commissioner, Aad'm Jati Tatha Anusuchit Jati Vikash Vibhag, Raipur, District: Raipur (C.6.). The Assistant Commissioner, Aadivashi Vikash Vibhag, Ambikapur, Distnct : Surguja (.C.G.). WRIT PETCTEON UNDER ARTCCLE 226 / 227 OF THE CONSTCTUTCON OF INDIA . The petitioner named above, most humbly and respectfully begs to / 3. 4. 5. KtiIssaaB •^ ^ IGH C.OURT OF CHHATTiSGARH : B1LASPUR WRIT PETiTION (S) N0. 4488 OF 2011 Surendra Prasad Guota Versus B State of Chhattisaarh & Others Wrlt Peiltion under Article 226/227 ofthe Constitution of india) Single Bench : Hon'ble Shri Satish K. Agnihotri, J. Present:- Shri P.K.Patel, Advocate for the petitioner. Shri P.K.Bhadurl, Pane! Lawyer for the State. ORDER (ORAU (Passed on thls 10 day ofAugust, 2011) 1. Challenae in this oetition is to the order dated 15.07.2011 (Annexure P-1), whereby the petitioner working as Upper Division Teacher has besn transferred from Middle School Buigaon, Block Ramchandrapur, So at the option of Biock Education Officer, Mainpat, on administrative grounds. 2. Shri Pate!, Searned counsei appearing for the petitioner submits that the petitionsr is a low paid empioyee and he has been transferred twice within a period of one yesr. Shri Patei, further submits that in the present place of posting i.e. Middte School Bulgaon, one post of Headmaster and five posts of Upper Division Teacher has been sanctioned, but after transferring the petitloner, there is no Upper Dlvlsion Teacher is avaiiabie to teach the students. 3. it is not the concern of the empiqyee asto whether five posts of Upper Division Teacher ars sanctioned or not.. !t is tor the administration to post the employees keeping in view the administrative reguirernent. 4. The other ground of chalienge that the petitioner has not completed 2% years is not avaiiable to the Detitloner. as there Is no restriction either In the poiicy or otherwise that no transfer to any employee without 2 % years at a particular piace. There is no other admissible iegal ground such as teck of competence of the officer, who has passed the transfer order and violation of statutory rules and reguiations. 5. !t is a trite law that transfer/Dostin.g is an incidence of service. The Court shouid not interfere with the transfsr/posting order unless there is maiice, infringement of statutory rules and reguiations. In the case on hand, the petitioner has fai'ed to estabiish any of the aforestated grounds. The employee may be posted anywhere at the instance of the empioyer in pubiic interest and administrative exigency. Further, it is for the Govemment to post another person if any vacancy arises on account of transfer/posting of an empioyee. Thus, the impugned order warrants no interference. (See E.P.Rovappa v. State of Tami! Wadu and a.nothsr', Shilf»Bose (Mrs.) and others v. State ofBihar & anofte.'2, State of M.P. and another v. S.S.Kourv and others , Mohd. gnssood Ahmad v. State of U.P. & Others Chief Commerciai Manaser. South Central Railwav. Secundefabad & OSwrs v. G. Ratnam & Others and Airports Auifwrity of India v. Rajeev Ratan Pandey& Otherse). Applying the well-settied principles of law to the facts of the case on hand and for the reasons mentioned hersinabove; there is no merit in the case. 7. Accordingiy.thewritpetition isdismissed. No order asto costs. asnoK Sd/- Satish K. Agnihotri Judge ' 1974(4) SCC 3 2 (1991)8upp 2 SCC 659 3 (1995)38cc 270 "(2007)83cci50 5 (2007)83cc 212 '° (20^) 8 SCC 337 ^SW"^;;E!aE^^^^fe;ES^^^:^^ 9S .A'A^^WL ^^-^