IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL. Writ Petition No. 902 (S/S) of 2005 Pramod Singh Chauhan, Son of Sri Tara Singh Chauhan, At present working as Assistant Teacher, Junior High School, Sultanpur Patti, District – Udham Singh Nagar. …….Petitioner. Versus 1. State of Uttaranchal, through its Secretary, Education Uttaranchal Shashan, Dehradun. 2. Director of Education (Madhyamik), Uttaranchal, Dehradun. 3. Additional Director, Education, Kumaon Mandal, Nainital. 4. Joint Director, Education, Kumaon Mandal, Nainital. 5. District Education Officer, District – Udham Singh Nagar. 6. Principal, Government Inter College, Sultanpur, District – Udham Singh Nagar. ……..Respondents Hon’ble P.C. Verma, J Heard Sri M.C. Kandpal, Sr. Advocate, assisted by assisted by Sri S.S. Chaudhary, learned counsel for the petitioner and learned standing counsel, who has accepted notices on behalf of respondents. Learned counsel for both the parties are agreed to decide the writ petition at its admission stage itself. By means of this writ petition, the petitioner has challenged the transfer order dated 30.06.2005 passed by Joint Director, Education, Kumaon Mandal, Nainital. Admittedly, petitioner is government servant and fundamental rules of the State are applicable upon the petitioner. It is provided in the fundamental rules that a government servant, holding transferable post, can be transferred any where in the State. It is settled law that fundamental rules have overriding effect over the Government Orders(s). No other point has been raised by the learned counsel for the petitioner. It is not disputed that petitioner holds a transferable post and transfer is exigency in service. From the perusal of record it reveals that transfer order is neither stigmatic nor punishment in any manner. Learned counsel for the petitioner is unable to show the malafide in the transfer order and the same cannot be interfered by this court under Article 226 of the Constitution of India. In view of the above facts, I do not find any force in the submission of the learned counsel for the petitioner. Writ petition is dismissed in limine. No order as to costs. (P.C. Verma, J) July 18, 2005 S.K.Sharma