HIGH COURT OF CHHATTISGARH BLASPU IR W.P.lSl No. 4657i2007 Ravmdra Kumar Sahu, aged 42 years son of Shrl Ramlal Sahu, Teacher, Government Glrls Hlgher Secondary School Dhamtarl, Tah51 8L District-Dhamtari. Versus The State Government of Chhattisgarh Through the Secretary, School Education Department, DKS Bhavan, Raipur(CG) The Collector, Dhamtari (CG) The District Education Off1cer, Dhamtari (CG Petitioner RIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA Aggearance' y Shrl B K Chakravartl counsel for the pet1t1oner Shn Yashwant Smgh Government Advocate for the State on advance copy ORL ORDE ‘ (20.8.2007) Sunil kumar Sinha, J. Heard on admission The petitioner, who is workmg on the post of Teacher 1n Government Girls Hlgher Secondary School Dhamtari, has been transferred from Dhamtari to Block Magarlod on adm1n1strat1ve grounds V1de order dated 20.7.2007 (Annexure P-l) ‘ Learned counsel for the petitioner submits that no particular placehas'been mentioned- in the transfer order of‘the petitioner. He also Submits that children of the petitioner are studying in local institutions; Whose studies would be adversely affected if the transfer order is allowed to subsist. He prays for quashment of the order on these grounds. l RESPONDENTS ) W A R 2 W.P.(S) No. 4657/2007 So far ,as the tirst ground is concerned; it has been mentioned in the order itself that firstly the petitioner has to report o the Block Head Office from where hls postmg 1s to be made Th1s does not amount to any 1rregu1ar1ty As far as stud1es of the chlldren 1s concerned, no doubt m1d-sess1on transfer affects studies of the children but this is ‘not a case of 'mid session transfer In Chhattlsgarh the Sess1on begms from 1st of July and his order, passed on 20 7 2007 cannot be sald to be a m1d sess10n transfer order, therefore, this ground ls also not avallable to the petitioner. Moreover; the transfer is an incidence of service. t -r obody can claim for his posting at a particular place, when he i N s orking on a transferable post. Who should be posted where, is t w o be decided by the employer and the employer would be the best Judge regarding transfer and posting of his employee Unless the rder of transfer is v1t1ated by malafide or 1s passed on extraneou o s cons1derat10n or passed 1n Vlolatlon of any statutory Rules or Acts, I the same cannot be interfered wuh by a Court of law. The petltlon is not worth adm1ss1on The same is dlsmlssed at the motion stage itself However, ooking to the personal difficulties of the petitioner, if so adv1sed e may file a detailed representation before the concerned - authority, which shall be deCided by them in accordance With law l Sd/- SunilKumar Sinha Judge ‘ sunita t l h " l