,./ HIGH COURT OF CHHATTISGARH. B1LASPUR S.B.: HON'BLE SHRI JUSTICE SUNIL KUMAR SINHA WRTLPETiTiON (S) N0.4365Q010 PETITIONER RESPONDENTS Lalit Kumar Dubey S/o Late Shri R.L, Dubey, aged about 50 years, Occupation Service, posted as Forest Ranger, Narangi Range, South Kondagaon Division, Kondagaon, DistrictBastar(C.G.) VERSUS 1. State of Chhattisgarh, through Secretary, Forest Dspartment, D.K.S.Bhawan, Raipur, District- RaipUr, (C.G.) 2. The Upper Secretary, Forest Department, Mantraiay at D.K.S. Bhawah.Raipur, District, Raipur (C.G.) 3. The Conservator of Forest, Kanker. (C.G.) 4. The Divisional Forest Officer, South Kondagaon Division, Kondagaon, DistrictBastar(C.G.) WRIT PETITION UNDERARTICLE 226 OF THE CONSTITUTION OF INDIA ARpearance: Mr. Awadh Tripathi, Advocate for the petitioner. Ms. Sunita Jain, Panel Lawyer for the State. ORAL ORDER (10.08.2010) SUNIL KUMAR SINHA^l Heard. Petitioner- Lalit Kumar Dubey is working on the post of Forest Range Officer, He has beentransferred from Kondagaon to Konta on administrative grounds. Mr. Awadh Tripathi, learned counsel for the petitioner, submits that the wife of the petitioner Neelam Dubey is working bn the post of Lecturer in Govt. High School, Kondagaon, therefore, it wouid be difficult for the -petitioner to go to the transferred place. He also submits that there is a policy of the Government that as far as possible, husband and wife should be posted at one place or at nearby places so that they may conveniently perform their duties. On being pointedly asked from the counsel for the petitioner that since when the petitioner is posted at Kondagaon, he submits that the petitioner is posted at Kondagaon since 07.07.2006. Admittedly the Detitioner is Dosted on a transferable post. ,"1 /—,,l'i»St '' ^ ^A ^^s?"%^;.. R. s WRIT PETITION (Sl N0.4365/2010 Transfer is an incidence of service. No person working on a transferable post can make his claim for posting at a particular place. It is for the empioyer to see as to who should be posted at which place, keeping in mind the better functioning ofthe department as also the public interest. Unless the order of transfer is shown to be vitiated by malafides or extraneous considerations or it is shown to be passed against any statutory Rule or the Act, normally such orders are not to be interfered by a Court of law, is the settled view of the Apex Court in many cases. For the foregoing reasons, 1 do not flnd any reason to interfere in the order of transfer. Therefore, the petition filed by the petitioner is dismissed. However looking to the personal grievances projected by the petitioner in the writ petition, an opportunity is granted to the petitioner to make a representation before the authorities, who may look into it and decide it in accordance with law. Sd/- Sunil Kumar Sinha Judge