/ (D o^- ig^ IN THE HON'BLE HIGH COURT OF CHHATTISGARH ATBILASPUR W.P. rs) NO. ^3 3^ / 2009 PETITIONER RESPONDENTS ^ ^/^^'M ^^ rinod Kumar Yaday, S/o Parshuram Yadav, aged about 46 years, occupation-ser^ice, R/o Charcha Colliery, Tahsil- Baikunthpur, Distt. Korea (C.G.) VERSUS 1. 2. State ofChhattisgarh Through- the Secretary, Tribal Welfare Department, D.K.S. Bhawan Raipur (C.G.) Commissioner, Schedule Tribe and Schedule Caste Development, Raipur (C.G.) ^ r Assistant Commissioner, Tribal Development, Baikunfhpur, Distt. Korea (C.G.) ^ Block Education Officer, Baikunthpur, Dist. Korea (C.G.) WRIT PETITION UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA HIGH COURT OF CHHATTISGARH AT BILASPUR Writ^etition (S) Np. 7330 of 2009 PBTITIONBR RESPONDENTS Viaod Kuinar Yadav VERSUS State of Chhattisgarh aiid others ^w WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA (SB: Hoaa'ble Mr. Satish K. Aguihotri, J.} Shri A, N. Pandey, Advocate for fhe petitioner. Shri N. N, Roy, Pariel Lawyer for tlie respondents, O RD E R (Oral) ( Passed oa this 1st day of February, 2010) Heai'd. 1, The petitioner has filed fhis petitiou challengiiig fhe order dated 12.11.2009 (Annexure P/ 1), whereby the petitiouer was directed to join at Govei-niiient Higher Secondary School, Vishnupiir, Block ~ Baikunfhpur. 2. Leamed counsel appearmg for the petltioner submits th.at, while ttie petitioxier was workiag m Girls Middle School, Charcha CoUien7, Koria, by order dated 9.10.2009 (Annexure P/2), he was promoted on tlie post of Lecturer (PoUtical Science). After counseliiig, by order dated 23,10.2009 (Aiinexure P/5) the petitionerwas given posting at Govt. Higher Secondary School Charcha CoUieiy, Block Balkuntlipur, District Korea. By the impugned order dated 12.11.2009 (Annexure P/ 1) the eai'lier postiiig order has been aiaended aiid iB.stead of Charcha CoUier}7, tlie petitioner has been directed to join his duties as Lecturer (PoUtical Science) at GoveiTinxent Higher Secondary School, Vishiiupur, Block - Baikunthpur. 3. Leamed coiuisel appeanng for ttie petitioner subnxits fliat fhe petitioner was alrcady relieved to jom at the school at Chaxx'-ha CoUieiy pursuaat to fhe order dated 23.10.2009, but he was not pei-mitted to join by tiie Pilacipal of fhe school, aad subsequently, by amenduig tlie earMer order, tlie petitiouer has been posted at Vishniipur m aii arbitrary manner. 07 / "-7 8. 9. 4. On the otlier liand leained counsel appeamig for tiie respondents/State subraits tliat botli fhe orders ofposting have beea issued by fhe sanie authority i.e. Assistant Coinniissioner fTiibal DevelopmentJ/Koria. It is apparent fhat the earUer order dated 23.10.2009 was amended by fhe ioipugued order dated 12.11.2009 on the basis of some adniiiiistrative exigency, lookiiig to the availability of post. Even oflierwise, fhe petitioner has been acconiraodated withio. fhe same Block i.e. Baikuntih.pur. 5. I have heard leanied counsel appearing for tlie pai'ties, perused the pleadings aiid docuiDLents appended thereto. 6. This Court has limited jiuisdiction to iaterfere with. the traasfer aiid posting niatters, except ia tlie cases of proved mala&de, iion-coinpetence of autliority passiQ.g the traiisfer/postm.g order aiid not beiag iii confonnity wifh tlie rules aiid regulations. Under the provisious of ser^ice rules, employer has all the powers to post aii einployee at a particulai' place iti view of pubUc uiterest aiid admiaistrative exigency. 7. By tlie impugned order dated 12.11.2009 (Annexure P/l) no hai'm is going to be caiised to fhe petitioiier, except tliat his posting has been chaiiged froai one school to other school. There is no chatlenge to tlie inipugned order on aay other peiTaissible legal grounds as afore-stated, wan'antiiig iaterference wifh tiie impugned order. For tlie reasons as afore-stated, the petition is dismissed. Sd/- Satish K. Agnihotri Thakur . Judfft