^^s^^'S'^B^" 4 H!GILCQURT_OF aiHATTISGARH, BILASPUR PETITIONBR W.P, (S) . 6942 of 2007 Rdtaia Suiha, S/o Late Shri Kaslii Ram Singha, aged about 41 years, Assistaat Teacher, Goverament Pnmai3r School, Mendha, Block Dongargarh, District Rajnaadgaon, R/o Vfllage & Post Patpar, Block & Tahsfl DongargaA, District Rajnaadgaon (C.G.) a 3. State of Chhattisgarh, Through the Secretary, School Education Departinent, D.K.S. Bhawan, Raipur(C.G.) The Special Secretaiy, School Education Departiaent, D.K.S. Bhawan., Raipur (C.G.) The District Education OfGcer, Rajnandgaon, District Rajnandgaon (C.G.) OP INDJA Appearaace: Shri P. Dnvakar, Senior Advocate with Shri K.S. Pawar, Coiuisel for fhe petitioaer. Shri A.S. Kachhwaha, Govt Advocate for the State on advance copy. Heaid. The petitioner, who is worldng on the post of Assistant Teacher has been traasferred froni Pnmaiy School, Mendha, Block Dongargarh, District Rajnaadgaoa to Primaiy School Mahka, Block Pataii, Distnct Durg. Learaed senior counsel for the petitiouer subinits that fhe petitioner has been transferred from one Education District to another Education District. He subinits that fhe seniorily of the Assistaat Teachers are mamtained District wise, therefore, it is just possible tbat on traasfer, the petitioner inay go down in fhe gi'adation list of Durg District. He also subinits that nobody has been posted in place of tfae petitioner. He furftier submits that ni ¥ Shyna W.P.I'SI No. 6942 of2007 sister of the petitioner is haadicapped, therefore, tf the order is effected fhat laay adversely aft'ect the girl also. On being poin^tedly asked froiu leamed couasel for fhe petitioner fhat siace when the petitioner is posted at Mendha, he subinits that fhe petitioner is posted at Meadha since inore than 3 years. I have considered the points raised by leamed senior couusel. So far as fhe first point regardiug affecting of seniority of fhe petitioner is concemed, no gradatioa list eifher of District Rajnaadgaon or Dista^ct Dur^ has been filed before fhis Coiirt so as to see as to whefher if ftie order of trausfer is effected, it shall affect fhe senionty of the petitioiier aad he would face a disadvantageous position. So far as the second grQund fhat nobody has been posted ui place of fhe petitiouer is concemed, it has no nierit because it is for the einployer to see fhat soinebody should also be posted at fhe , place of fhe petitioner when the post wiU lie vacaiit after his transfer. Likewise, tlie tturd groiuid fhat fhe sister of tite petitioner is handicapped is also not a ground for consideration by a Court of law. Transfer is an tacidence of service. No person workuig on a traasferable post can claitu to be posted at a particular place. It is for ffae eruployer to see that who should be posted where ta fhe iaterest of better fuitctioniag of fhe department as also tn the public iaterest. It is the setUed view ofthe Apex Court fhat unless the order of transfer is vitiated by inala&des or extraiieous consideration or is against any statutory Rules or Act, fhe same caanot be iuterfered by a Court of Law.- Learaed counsel for fhe petitione^; coiild not point out any ground of inala&de, exta-aneous considerations or violation of aiiy statutory rules or ftie Act. I do not fiad anv icason to interfere in fhe order of traasfer. The petition has no nierit aiid 'the same is disniissed at the niotionstage itself. gd/. Sunil Kumar Sinha Judge