_I_N THE HON‘BLE HIGH CQUR’I‘ OF CHHATTISGARH AT BILAwUR writ Petition No; $57 Z /2005 (DATE OE masENTAT'I'bN 04.10.05) PETITIONER§ / 1) amt. vimla sing'n w/o D.N. sing‘n, aged about 46 yeara, Saéaff Nurse, Canmunity Health Centre, Nawagarh,‘ District Durg (C.G.) . (1) state of c‘nhattisgar‘n Through- Department of Public Health and Family Wklfare Department, D.K.S. Bhavan, Raipur (CAL); The chief Medical and Health Officer, Durg (C.G.); The Block Meclical Officer, Nawagarh, District Durg (C‘Gd 4) The Director, Health Services Chhattisgarh Raipur (C.Go ) . RIT PETITION UNDER ARTIQ.E 2é6/227 OF THE CONSTITUTION OF INDIA . ” . W g‘ é%[ 95" " 2) Vijay Pratap Singh Banjare, PRNJ aviGVf’QVlgQm 8/0 late S.L . Banjare, aged about Pm$emedhv Sim / H daiei‘...R. ..g. 35 yearlg’ Assistant Grade-Ill ’ Community Health Centre, Nawagarh, District Durg (C.G. ) a .W. 2 ? .I\.\0. ‘§O mast asm'm ms!W (W) $é2ao mmm amt mmmffwm , aiWameI 21.10n2005 Shri ' NLK. Bhaduri, cc Pankaj Shrivastava, Panel Lav Head, By way of this writ pB‘Li the validity of their transfsr 01 By this order, fhe p€ti1i011€1‘ Community Haalth Cmltre, Cailtra, Guuu' a11d 111:3 petitic Cemmunity H€alth C6ntm, Cazltre, Dondi. Jim contention of learn both the p€11itio11€€rs ar€ 0§1C6 fhsy 3hould, not have boon t: Leagled counsel for the. pi petitioner No. 2 is studying i1 mid-session transfer his stud The Apex Court while Vidyalaya Sanqaehtm -V- $CW 5563 refem‘ing to the ljara 4 as follows: “Trai is not to be inte shown to be ole or infraction of State ef art-is unsel for ”the petitioners and Shli' yer for the State on advance copy. tion, the. petih'oners have challenged der dated 3 1.8.2005 (Annexure—P] 12), No. 1 has been transferred from Nawagarh to Community Health ner No. 2 has been transferred from, Nawagarh to Community Hea11h ed counse for the petitioners is that bearers of the registered Union and ansferred as per policy of the State. :titioners submits that the son of 1 Class-III in vihage Nawagarh and in es would be aifeoted. ealing with the matter of Kendriyez amodar Erased .?andey, 2004 m various decisions has observed Vide sfer which is an incidence of seivice itered with by the Courts unless it is arly arbitrary or vitiated by malaflde any prescribed norms of principles governing the transfer (See Ambam’ Kanta .Ray Vs. % Unless the order of transfer is q l XI-HC-78 .—'2 vitiated by ma} QpErative guideh' be transferred a administrative a tranSfér is Vifiatt of operative any got ordinan'ly in athei‘s Vs. Jam 0bs€xv€d as folk: , WW#WW aiWqanéa a flde Gr is made in violation of nes, the Court cannot interfere with it. (See Union o'f‘mdia Vs.' SJ” Alabas). Who should 11d posted where is a matter for the 1thority to decide Unless the order of :d By mala fxde Gris made in Violation guidelines or rules the Courts should terfere with it. In Usigm of Im‘da :31: iriiaxa Deemaeh & anothera it was ws: “N0 ( §ovemmeni servant er employee of a pasied fore pface of hi: ’ emplayee c not onEy a: necessary the public iransfer is exercise or provislons ‘Coun‘s or 3i with such ihouah tin substiiuiim emylayee/i passed inii of the .se” highlighted PowervCorp at the peiitioners hold transferable the transfer of the. petitioneii e petitioners could not point out that / pubiic underiaking has any {ego} right i0 be, >ver a1 any one pariicular place 0r L‘ choice since transfer of a particuiar ppoimed to the class or category of transferable posts from one piace to another is L incidem, but a condition of service, oo in public interesi and ejji'ciency in administration, Unless an order of shown i0 be an ouicome of mala-Jide siated i0 be in vioiaiion of Siamtory. prohibiting any such. iransfen the 1e TribLmaIs normally cannoi inierfere ‘orders as a. matter of romine, as y were the appeiiaie miihoiities g their own decision for ihai of the rianagemeni, as against such orders 1e interest of administrative exigencies vice concerned. This posiiion was by this Court iii Naiional Hydi‘oeieciiic n. Lid, Vs‘ Shii Bhagwan” There is no doubt i1) posts. Learned counsel for th s have. been affected on malafide or XI-HC—78 anwmwm Hananémaw ‘x; meanm (gag—ate) ‘ mmmanaw \u they have. b34311 transferrad applicable in case of the pt‘m a * e wwm§wm a6st%qan%2r I in violation of any statutory ink ioners. I am not inclined to interfere. sed by the authority concerned. 'ts. It is. dismissed at this stage. ifficulties arld grounds of members of the. petitioners are free to tile a meerned authority, which shall be d authority in accordance with law wifh such order of transfer p The patition has no me SO far as the personal the unidn. etc are concenl representation before the cc disposed of by the concenle Without being miluenced by t1 Certified copy as per in: 1e observations made in this order. .€S. Sd/- Sunil Kumar Sinha Judge s y