y <c^~' HIGH COURT OF CHHATTISGARH. BILASPUR W.P. (St No. 5423 of 2007 PBTITIONBR Subrau Tirkky, S/o late Shri Atmaram. Tii-kky, Aged about 43 years, workuig as Assistaiit Grade-II, Village Post Khaadgawaa, District Koriya (C.G.j 2 The State of Chliattisgarh, Through Secretary , Departiuent of Education, Schedule Tribe and Schedule Caste, D.K.S. Bhawaa, Raipur(C.G.) Uader Secretaiy, Govenunent of Chliattisgarh Departiuent Education Schedule Tnbe aad Schedule Caste D.K.S. Bhawan, Raipur (C.G.) •Tin Shri Santosh Bharat, Couiisel for fhe petitionei Shri Ajay Dwivedi, Paiiel Lswyer for fhe State. (08.10.2007J Heard. The petitioner, wlio is working on fae post of Assistajit Grade-II, has been tr'aiisterred from. Govemiaent Higher Secondarvr School, Khadgawaa, District Korea to High School, Btlaspui", Block BatauU, District Sarguja. Leanied counsel for the pentioner subinits fhat fhe wife of the petitioner is also workiag as Lady Health Worker in a Local Coinm.unity Centi-e and she has not been traasferred, thei^fore, it would be dif&cult for the petitioner, if fhe husbaiid aiid wife ai-e kept at two difierent places. He also submits that ftie daughter of the petitioner is suffering from. som.e niental aiiment aad she is takiug regular treatinent at Gwalior aad on this ground also, if the husbaiid aad wife wul reside at tevo different places, they wffl not be able to look after the child. 2 W.P.(S)No.5423of2007 Haviag Iieai'd leanied coiuisel for ffae petitioner aad haviag considered fh.e tacts and cii'cuiustaiices of fhis case, I am not iaclmed to adniit this petition on fhese gTouads. Transfer is an incidence of service. No persoa workiiig on a ti-ausferable post can claiin to be posted at a particular place. It is for fhe eiaployer to see that who should be posted where ia fhe interest ofbetter fuiictioruiig ofthe departmeiit as also iii the public interest. It is the settled view of the Apex Court that unless fhe order of tt-ansfer is vitiated by inaJatide or extfaiieoiis consideration or is agaiust aay statutory Rules or Act, it caiuiot be intertered bv a Court of Law. In view of tlie above, fhe petition is disruissed. However, lookuig to fiie prevaUing circuiustaiices and persouai difficulties of fbe petitioner, he sliall be at libernr to file a representation before fiie conceraed aufhority, who sliall be free to dispose of the represeatation at ttie earUest in accordaace with law. S'nyna Sdf- rilICuwar judS® S'wba