^ HIGH COURT OF CHHATTISOARH. BILASPUR Wrlt Petltion (81 No.6298 of 2007 PETITIONER Dr. Predkash Patil, aged about 41 years, s/o late KaUcharan Patil, R/o Coininunity Health Centre, Bhaaupratappiu-, District Kault:er(CG) Versus RE8PONDENTS 1. The State of Chltattisgarh, Through; Secretaiy, Ministry of Healfh and Faiaily Wclfare Department, D.K.S. Bhawan Raipur 8. Avar Sachiv, Health aud Faouly WeUare Department, Raipur, 3. The CoUector, Kaulcer 4. Dr. Lakhau Juri, Medical Officer Primary Healtli Ccutre Farasgaon, Jagdalpiir. WKir PBTITION UNDBR ARTICl.E 2S26 OF THE COH8TITUJOK OF INDIA Appsaraace: Shri Parag Kotecha, counsel for the petitioner. Shri Sumit Verma. Panel Lawver tbr fhe State ou. advance copy. ORAL ORDER (30.10.2007) SUNIL KUMAR SINHA, J. Heard. Thc petitioner, who is workiTig on the post of Medical Officer at Community Health C^-ntre, Bhamipratappur, District Kanker, has been transferred froni Bhanupratappur to Farasgaon. Leamcd counsel for t]ie petitioner suhniits fhat the petitioner is working in a schedilled area siacc the year 1990, therefore, he should have transferred on his option as per tlie circiilar of State goveminent. He suliinits that in this regard a representation bas also been fileff by the pRtitioner. / sunita -2- W.P(S)Nn.6298Qf2007 On being pomtedfy asked fiT>m leamed connsel for fhe petitioner tliat since when flie petitioner is posted at Bhanupratappiu', he subniits that the petitioner is posted tliere prior to 2003. The transfer is an iTicidence of service. Noborty working on a transferable post can claim for his posting at a particiilar place. Who s1iou1d be posted where is to be se-en by the einployer which depends upon the adininistratwe exigency as also ia public interest. Unless flic order of tninsfer is shown to be vitiated by I'nalafides, extraneous considerations or is shown to be passed against any statiitory nile or tlie Act, the sam.e cannot be iaterfered wifh by a Conrt of law, is tbe settled view of the Apex Court. Learaed counsel for the petitioner could not point out any siich ground in tlie case ofthe petifcioner. 1 ain not uicUned to adinit this petition for bearing. The petition is uot worfh adiuission. The sanie is dismissed at the laotion stage itself. However, as stated above that a representation bas been filed, the authorities are free to dispose of the i-epresentation filed by the petitioner. Sunil Kumar Sinha Judge •/ '« "-?i?^F^