@ Single Bench ' (D IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR w.P. (S) No. Lié %é [2011 Petitioner : “Vednath Khobragade S/ o Shri Sakharam, Aged about 46 years, Occupation —- Upper Division Teachsr, Presently posted at Middle School, Lakholi, Distt. Rajnandgaon—(C.G.) VERSUS Respondents : 1 State of Chhattisgarh, Through — Secretary Education Department D.K.S. Bhawan Raipur (C.G.) 2. The District Education Officer, Rajnandgaon,Distt.Rajnandgaon—CG The Collector, Rajnandgaon(C.G.) . r WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA 3. / \\ \a HIGH COURT OF CHHATFISGARH 2 BILASPUR WRIT PETITION (S) NO. 4576 OF 2011 (Writ Petition under Article 226 of the Constitution of India) Single Bench : Hon’ble Shri Satish Kt Agnihotri, J. Present :- Shri H.P. Agrawai, Advocate for the petitioner. Shri Arun Sao, Government Advocate for the State. ORDER ORAL (Passed on this 12‘ day of August, 201 1) 1. Chailenge in this petition is to the order dated 15.07.2011 (Annexure P—3), whereby the petitioner working as Upper Division Teacher has been transferred from Middle School Lakholi, Rajnandgaon to Middle School Bharregaon, Rajnandgaon, on administrative grounds. 2. Shri Agrawal, learned counsel appearing for the petitioner submits that as per the policy of the State Government, the employee who has not completed 2 1/2 years from one place of posting, cannot be transferred to any other place. There is no complaint of any kind of misconduct or irregularities against the petitioner. Shri Agrawal further submits that at the present place of posting of the petitioner, there are posts vacant even then the petitioner has been transferred. Heard learned counsel appearing for the parties, perused the pleadings and documents appended thereto. 4. It is not the concern of the employee asto whether posts are vacant or not. It is for the administration to post the employees keeping in view the administrative requirement. The other ground of challenge that the petitioner has not completed 21/2 years is not available to the petitioner, as there is no restriction either in the policy or otherwise that no transfer to any employee without completion of 2 1/2 years at a particular place can be made. It is a settled position of law that the transfer policy is mere guidelines, as it is not supported by any statutory provision. The criteria of 2 ‘/2 years is only to examine the case of an employee, who has completed 2 1/2 years of service at one place of posting, but that does not prohibit transfer of an employee on administrative exigency, even if, he has not complete 2 1/2 years. There is no other admissible legal ground such as lack of PETITIONER Vednath Khobragade Versus RESPONDENTS State of Chhattisgarh & Others @ competence of the omcer, who has passed the transfer order and violation of statutory rules and regulations. (See: Chief Commercial Manager, South Central Railway, Secundarabad & Others v. G. Ratnam & Othersl) . 5. It is a trite Iaw that transfer/posting is an incidence of service. The Court should not interfere with the transfer/posting order unless there is malice, infringement of statutory rules and regulations. In the case on hand, the petitioner has failed to. establish any of the aforestated grounds. The employee may be posted anywhere at the instance of the employer in public interest and administrative exigency. Further, it is for the Government to post another person if any vacancy arises on account of transfer/posting of an employee. Thus. the impugned order warrants no interference. (See E.P.Royappa v. State of Tamil Nadu and another2, Shilpi Bose (Mrs) and others v. State of Bihar & another", State of M.P. and another v. S.S.Koun/ and others", Mohd. Masood Ahmad v. State of U.P. & Others5 and Airports Authority of India v. Rajeev Ratan Pandey & Othersa). 6. Applying the well-settled principles of Iaw to the facts of the case on hand and for the reasons mentioned hereinabove; there is no merit in the case. 7. Accordingly, the writ petition is dismissed. No order asto costs. Sd/-’ Satish K. Agnihotri Judge 1 (2007) 8 SCC 21 2 2 1974 (4) scc 3 3 (1991) Supp 2 SCC 659 4 (1995) 3 SCC 270 5 (2007) 8 SCC 150 6 (2009) 8 SCC 337