1 S.B. CIVIL WRIT PETITION NO.9955/2010 Virendra Singh Chouhan Vs. State of Rajasthan and Ors. DATE OF ORDER : 8.11.2010 HON'BLE MR. GOVIND MATHUR, J. Mr. J.P. Joshi, for the petitioner. The petitioner, a Deputy Inspector in Sanskrit Education was transferred to Government Primary Sanskrit School, Raika Nath Ki Samadhi, Phalodi, District Jodhpur under an order dated 7.10.2010. By the same order one Shri Vikramaditya was transferred to Jodhpur vice the petitioner. Shri Vikramaditya was subsequently transferred under the order dated 12.10.2010 to Manoharpura in District Jaipur. The contention of the learned counsel for the petitioner is that the order impugned dated 7.10.2010 is bad as same was passed only to accommodate Shri Vikramaditya at Jodhpur. It is further submitted that after transfer of Shri Vikramaditya from Jodhpur to Manoharpura the post of Deputy Inspector at Jodhpur is lying vacant and as such, the petitioner is required to be transferred at Jodhpur. Beside the above, it is also urged that 2 the petitioner is officer-incharge in number of cases pending before various courts at Jodhpur, therefore, his retention at Jodhpur shall be in interest of justice. It is well settled that the transfers are always made in administrative exigency. The interference by courts in transfer matters is in quite exceptional circumstances, such as violation of statute, and malicious or colourable exercise of power. The transfer of the petitioner from Jodhpur to Phalodi is not at all in violation of any statute. The allegation of malafide on the count that the petitioner was transferred to accommodate Shri Vikramaditya at Jodhpur too is absolutely ill-founded. The petitioner was stationed at Jodhpur from last five years and by the order impugned number of persons have been transferred. The order impugned appears to be an outcome of administrative exigency. The fact that the petitioner is officer-incharge in various cases too is of no consequence. He was appointed as officer-incharge in his official capacity and on his transfer somebody else will look-after this work. The official works are normally not attached to an individual but to the office held by an individual. It is also urged that the post at Jodhpur is lying vacant and therefore, the petitioner is required to be transferred to 3 Jodhpur. The argument is absolutely frivolous. It is a look out of the employer as to which post is to be filled with priority. The availability of unoccupied post does not create any right for the petitioner to station him their. The petition for writ, for the reasons mentioned above is having no merit, therefore, the same is dismissed. (GOVIND MATHUR)J. RM/