uon (S) No 3 H 0 'J' /20 Wnt Petlt 1 0 C D Chelak So Iate P R Chelak aged about 57 years R/o Ware House Road Bllaspur () Versus CG ’ 1. tate of Chhausgar troug he ecretar S tth hh t Sy i cheduled Caste/Scheduled Tnb S e evelopment Department a1 D K S espondent Rs:- Bhavan Mntralaya,,Rapur (CG) Commrssmner Scheduled Caste/Scheduled veope erme pu (G) Tnbe Delmnt Dpa’tnt,f Rair ' C maLE BENC S H I N THE HON BLE HIGH COURT OF CHHATTISGARH AT BILASPU R Petitioner: ’ ' y‘ ' HIGH COURT OF CHHATTISGARH BILASFUR ’ CD. Cheiak, S/o iate PR. Cheiak, aged about 5? years, R/o Ware House Road, Bilaspur (C.G.) Versus 1 State of Chhatt‘usgarh, through the Secretary Schedwed CasteIScheduIed Tribe Development Department, D.K.S. Bhavan, Mantra!aya, Raipur (C.G.) 2 Commissioner, Scheduied Cast/Sheduzed ‘ Tribe Development Department, Raipur (C.G. . 3 Shri B.K. Rajput, S/o not known to the petittoner, officiating Assistant Comissioner, Tribal We’are Department, Raipur .G.} WRIT PETITION UNDERARTICLE 226 OF THE CONsTtTuTwN OF 5NDIA Appearance : Mr. RS. Kohy, Counsei for the petitioner. y Mr. R.Tripatht, Panei Lawer for the State on advance ‘ co. oRAL oeoER t12.o7.2mo) Hear'd. Petitioner - CD. Cheiak is working on the post of Assistant Commissioner, Tribal Deveiopment, Biiaspur, By the impugned order dated 28m of June 2010 {Annexure Pm), the petitioner has been transferred to Koriya in the same capacity. Learned counsei for the petitioner submits that the petitioner is working in the present office since February WRIT PETlTiON (S) No.340712010 PETITIONER RESPONQENTS ec ) m it (C s py WRIT PETITION (SI No.3407l2010 200§, therefore, according to the current paiicy of the Government, which says that normaliy a person should not be transferred prior to completion of 2 V2 years at a piece; he should not be transferred to District Koriya. 0n being pointedly asked from learned counsel for the petitioner as to from which date the petitioner is posted at Bilaspur, though in different capacities, he very fairiy submits that the petitioner is posted at Bilaspur in different capacities since the year 2007. Transfer is an incidence of service, no person working on a transferable post can make 1‘ his claim for posting at a particuiar place. it is for the empioyer to see as to who shouid be posted at which place, keeping in mind the better functioning of the department as also the public interest. Uniess the order of transfer is shown to be vitiated by malaiides 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. Since the petitioner has not made out any case of malafide or extraneous consideration and he could not show " that the said order is against any statutory Rule or Act, i am not inclined to interfere with the order dated 28th June 2010 passed by the concerned authority, by which, the petitioner has been transferred from Bilaspur to Koriya‘ Accordingly, the petition is dismissed. p shyna Judge / , l a