1 . ^^ rr ^' ?;«'!;1 • SlS§1' IN THE HIGH COURTOF CHHATTISGARH AT: BILASPUR W.P.No. ^-^5 OF 2004 PETITIONER: Smt. K. Nohm, aged 52 years, wife of Shri Prem Pakash Nohru, ANM, resident of in front of Baslian School, Tankapara, Rajnaadgaon (Chhattisgarh). sf^ !S5U- VERSUS RESPONDENTS: (1) State of Chhattisgarh, through the ^V^-'^'fcL'-l Secretary, Department of Health ^Q^y^ Services:Raipur. &W< '^<'" (2) Chief Medical & Health Officer, ^•""\ Rajnandgaon (Chhattisgarh) ^' \ t// WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT EN THE NATURE OF CERTIORARI, ,9 MANDAMUS, PROHIBITION AND FOR OTHER 2J» ^UITABLE WRIT, ORDER. DIRECTION ss "te--;fl W6V COURT OF CHHATTISGARH AT BILASPUR W.P. No. 4105 of 2004 Petittoner Smt. K. Nohru Versus Respondenls State of Chhattisgarh & aaother 8B: Hon'ble Mr. Justice SaUsh K. Agplhotei, J Shri Somnath Vcrma, Advocate for thc pctitioticr. Shd Ufkarsh Venna, Depuly Govt. Advocate for the respondcnts/ State. ORDER ( Passed ou this 2lrt day of Februaiy, 2007) The foUowmg order of the Court is p^ssed by Satish K. Agnlhotet, J. 1. The petitiouer whfle workiag as A.N.M. (class IV emptoyee) in Primary Healfh Center Naya Dhaba, Ghiunka was tranaferred to Betejhar, Mohla, within the same district, on the saine terms and conditious vide impugned transfer order dated 31.7.2004 (Annexurc P/6). 2. Thls Coiut vide iaterim. order dated 8.4.2005 direerted that fhe transfer order shaU not be given effect to aad sfae be not reUeved, ifnot already relieved. 3. Be fhat as it may, with fhe passa^ of tim.e fhis petition has become infi-uctuous as period of transfer is iiot appUcabte forever. At this point oftune fhere is no questkin to examme tfae validily of fhe transfer order. However, fhe respondents are at liberty to pass appropriate orders keeping ia view fhe public iaterest and admmistrative exigency, wifhout iasistu^ on coiapliance offhe earUer transfer order. 4. It is weU setfled principle of law fhat transfer te au incident of service and it is for the einptoyer to decide as to where a pardcular oflBcer/emptoyee be posted keeping in view pubUc interest as weU as adBainistrative exigency. This Court has Imuted jurisdiction to interfere ia the transfer matter and ttus Court can uiterfere only in fhe case of proved malafide, uon- competeace of authority passing ttie transfer order and tcansfer order not being ia con&rmity with tbe rules and regalations. 5. In view of fhe above, this petition stands disposed of. No order as to costs. Satish K. Agnihotri Judge