HIGH COURT OF CHHATTISGARH AT BIL^iPUR ^ Writ Appeal No.270/2009 D.B.: HON'BLE SHRI JUSTICE SUNIL KUMAR SINHA & HON'BLE SHRI JUSTICE R.L. JHANWAR APPELLANT RESPONDENTS 1 Kashi Ram Dhanuk, S/o Late Shri Meharvan Dhanuk, aged about 59 years, Executive Engineer, posted at (E & M) Division, Public Health Engineering Department, Jagdalpur, District Jagdalpur (Bastar) (C.G.) Versus State of Chhattisgarh Through the Secretary, Department of Pubtic Health Engineering, D.K.S. Bhawan, Raipur(C.G.) Additionat Secretary, Department of Public Health Engineering, D.K.S. Bhawan, Raipur(C.G.) Engineer in Chief, Public Health Engineering Department, Neer Bhawan, Civil Lines, Raipur (C.G.) WRIT APPEAL UNDER SECTION 2 OF CHHATTISGARH HIGH COURT (APPEAL TO DIVISION BENCH) RULES 2006 Appearance: Shri F.S. Khare, Counsel forthe appetlant. Shri S.K.Mishra, Panel Lawyerforthe State/respondent No.1 on advance copy. ..,?"-Et8&'^. ?" f •I '»3 "'•.. '*sn-S^ W.A. No.270/2009 ^i ORAL ORDER (15.09.2009) The following order of the Court was passed by Sunil Kumar Sinha. J: Heard. (2) The appellant/petitioner has filed this appeal against the order dated 26.08.2009 passed in W.P.(S) No.4729/2009 by the learned Single Judge of this Court. (3) The facts, briefly stated, are as under: The appellant/petitioner, who is working on the post of Executive Engineer, Division Office, Public Health Engineering Department, Jagdalpur, has been temporarily attached in the office of Superintending Engineer (Civil), Public Health Engineering Department, Circle, Jagdalpur. This was done by order dated 20.08.2009 (Annexure P/1 in the writ petition). The said order was challenged by the appellanVpetitioner on the ground that he is going to retire on 30.11.2009, therefore, the order ought not to have been issued. The appellant/petitioner took the plea that as per the Transfer Policy, he ought not to have been transferred, when one year or less is left for his retirement. The learned Single Judge observed that earlier to the said order, by order dated 16.01.2009, the appellant/petitioner was transferred from Jagdalpur to Raipur. This order was challenged before this Court in W.P.(S) No.580/2009. The said petition was disposed of at the request of the petitioner for filing representation before the competent authority and pursuant to the order of this Court, the representation was made by the appellant/petitioner. Consequently, by the impugned order, the earlier transfer order of the petitioner has been cancelied and 1 W.A. No.270/2009 ^2- B " 1 now, instead of posting him at Raipur, he has been shifted locafly at Jagdalpur itself. (4) Learned counsel for the appellant submits that there is no work in the office of Superintending Engineer (Civil), Circle Jagdalpur, where the appellant/petitioner has been directed to be temporarily attached, therefore, the learned Single Judge erred in law in passing the impugned order dated 26.08.2009 by dismissing the writ petition. (5) Transfer is an incidence of service. No person working on a transferable post can make his claim for posting at a particular place. It is for the employer to see as to who should be posted at which place, keeping in mind the better functioning ofthe department as also the public interest. (6) Unless the order of transfer is shown to be vitiated by malafides or extraneous considerations or it is shown to be passed against any statutory Rule or the Act, normally such orders are not to be interfered by a Court of law, is the settted view of the Apex Court in many cases. (7) We do not find any infirmity or itlegality in the impugned order passed by the learned Singte Judge. The appeal has no merit. The same is liable to be dismissed and is accordingly dismissed at the motion stage itself. Sd/- Sunil Kumar Sinha Judge Sd/- R.L. Jhanwar Judge shyr