lATTSSGARi ;MAR Sl WRi ;S)N0.5715;201C PETETI Shankar Nayak, Aged- 60 years, S/o Shri Dhana Ram Nayak, Working As- Principai, At- Govt. Higher Secondary School, Ambagarh Chc-uki, District- Rajnandgaon (C.G.). VE' 1. State of Chhamsgarh, Through- The Sscretar/, Schedule Caste & Sci-ieciule l nDe Ueveiopmeni Department, Mantralaya, D.K.S. snawan, Kaipur, Shri Arjun Ram Dewangan, Principal, Govt. Higher Secondary Schooi, Ambagarh Chouki.Disfnct- Rajnandgaon (C.G.) PETITION ARTICLE 226 OF THE CONSTITUTION OF 2. !V1r. R.K. Kesharwani, Advocate for the petitioner. Mr. S.K. Mishra, Panel ia'A'yer for the State on advance copy. Heard. Petitioner- Shankar Nayak is working on the post of Principai. Sy the impugned order dated 15.07.2010, the petitloner has been transferred frorn Govt. Higher Secondary School, Ambagarh Chouki, Dsstrict- Rajnandgaon to Govt. Higher Secondary Schoo!, Dangarh, District- Rajnandgaon. Mr. Keshanwanl submits that the aforesaid order has been issued to accommodate respondent No.2, who is the incumbent of the On being pointediy asked from learned counsei for the petitioner that since when the petitloner is working at Ambagarh Chouki, he submits that the petitioner is working at Ambacarh Chouki since 2007. Though, it has been argued that the petitioner is being sent to accommodate respondent No.2, but no materiai has been brought on record to substantiate the argument. It has not been disputed tnat the petitioner is 'A'orking on a Aransferabie Dost. 1 ^ IVmrLPgTjT!ONlSLN.Q,S7J_5.'2Q10 'ransfer is an Incidence of serv'ice. No person worklng on a transferab!e post can make his claim for posting at a particuiar piace. It Is for the empioyer to see as to who shouid be posted at whlch piace, keeplng in mind She better functioning of the department as also the pubiic Unless the order of transfer is shovm to be vitlated by rnaiafides or extraneous considerations or it Es shown to be passed against any stafutory Rule or the Act, normally such orders are not to be int-srfered by a Court of law, 's the settied view of the Apex Court in many cases. For the foregoing reasons, ! do not finci any substance in the Kl-il /V ^ ! ^* W^ 5 ^^ ^^ The petltion therefore, is liable to be dlsmissed and is hereby No order as to cost. Sd/- SunU Kumar Sinha Judge