<?"?:sfi ? RF'sft5' ^la'^S"^ ^^^-^ • ^p C ^-/so 2-— IN THE HIGH COURT OTLCHHATTISGARH AT BILASPUR W.P. (S) No. -^oec /2006 ^.'e") • PETITIONER .^/A ^y^ VY:<^J ' L'^y /-^ .s?'' ,y <<•'• Vijay Kumar Paikara S/o. Shri Main Smgh Paikara Aged about- 38 years R/o. - Village F>uraina, Post- Jarve, Through- Bhaisma Distt.- Korba VERSUS RESPONDENTS •-" r-.O" "\ -D°^ .^•r^-^ -if ° €l7^ ^0'" State of Chhattisgarh Through Secretary, Govt. of Chhattisgarh, Tribal Welfare Department, D.K.S. Bhawan, Raipur (C.G.) Assistant Commissioner, Tribal Welfare Department Distt.- Korba (C.G.) The Collector, Distt.- Korba (C.G.) | Block Education Officer, Kartala, Distt.- Korba,.(C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF APPROPRIATE WRIT. ', - HIGH COURT OF CHHATnSGARH AT BILASPUR Writ PeUUon (81 Ko. 7080 ofi!»06 Petitioner 'Vyay Kinnar Paikra Versus Respondents State ofCUhattisgarh & otfaers Sin^e Bench: HonT&te Mr. Justfce Satteh K. Aaniliotrl. Rreseut; SIui Vwek Sharma, Advocate for the petitioner. Ms. Sunita Jain, Panel Lawyer for tfae respondcnts/State. ORDBR (Passed oa 20UI Day ofDeceinber, 2006) The foUowmg oider oftfae Court was passed by SaUsh K. Agnihotri, J. 1. Leamcd counsel appearmg for fhe petitioner stibinits fhat fhe petitioner was working as Upper Divjsion Tcacher at Govemment Middte School Kerakachhar, block-Kartala, District- Korba (C.G.). He was transferred by ordcr dated 4.7.2006 (Annesmre P/2) fix>m Govenunent Middle Scfaool Kerakachhar, block-Kartala, District- Korba to the Govt. Middle School, Polmi, btock- Pali, Distrfct- Korba. Wifhin a pcrfod oftwo days, fhe sakl order dated 4.7.2006 (Annexure P/2) was amended axid by order dated 6.7.2006 (Annexure P/1), the petitfoner was traasferred ftom. Govenunent Middle School Kerakachhar, btock-Kartala, Dratrfct- Korba to Govcmment Muidk School Aitnian^ar, Podi Uproda, Djstrjkit- Korba. 2. According to tearafid counsel for fhe petitioaer, on fhe basis of fhe first teansfer order dated 4.7.2006 (Annescuxe P/2), thc petitioner r has joiaed at Govt Middte School, Polmi, btock- PaM, District- Korba on 30.8.2006 and flic order dated 6.7.2006 (Annexure P/ 1) was not received by han aflierjoining. 3. Leamed counsel appearing for the respoadents/State, per contia, subniits that fhe order -waa iaunedately issucd to fhe pctittox>er and tbc petitioncr has rcceived the said order dated 6.7.2006, muchbcfore bisjoiiung at Govt Middte School, Potau, btock- Pali, District- Korba. 4. It appears fhat the petitioner has joincd Govt Middte School, Pofani, block- PaSi, District- Korba in order to defeat thc amended order dated 6.7.2006. 5. Having regard to the feicts ofthe case, when the petitioner has recewed orfer dated 4.7.2006 and after about aiore fhan onc and half inonths, hc joined at Govt Middte School, Rotmi, btock- PaU, District- Korba and fhe order dated 6.7.2006 whfch was p^sed wifhin a period of two days could not be received by him for sflaout inore than 45 days is not trust-worUiy. The prder appcars to have been passed on account of administratfare ex^ency and in pubUc interest. 6. Be that as it cnay, fhe petitioner has neither alteged iior proved any naalafide, non-coinpetence of the ofBccr teansferrixtg the petitjoner or violation ofany rulcs and regulation. 7. It is weU settled principte of law that transfer is an iacidcnt of scrvicc and it is for the einptoycr to dccide as to wheie a particular ofiBcer/cmpIoyee bc posted Isecping in view pubHc 8. iaterest as weB as admmistcadve cx^cncy. This Court has lixnited jurisdictmn to interfere in fhe traasfer matter and fhis Court can interfere onty in thc case of proved niala fidc, non-conipetence of aufhority passing thc transfer order and tranafer oider iwt being in couformily wifh fhc rules and regulations. Tfaus, flus writ petitron is dismissed having no ment No order as to costs. Subhask Sd/- Satish K. Agnihotri Judge ^S^sSi6< ^ ^f^.S'^SsSS:^!^