j|IJii.atog4 HIGH COURT OF CHHAIT1SGARH AT BILASPUR Writ Petition (S) No. 4865 of 2008 PETITIONER RESPONDENTS Smt- Rashmi Verma, W/o Shri Vijay Verma, aged about 32 years, occupation Shiksha Karmi Grade II, R/o Aman Nagar, Raipur(CG). VER8US- 1. State of Chhattisgarh, tlirough the Secretary Panchayat & Rural Development Department, DKS Bhawan, Raipur (CG). 2. The Chief Executive Officer, District Panchayat, Raipur(CG). 3. Janpad Panchayat Tilda, Raipur (CG), fhrough the Chief Executive Officer. 4. The Priacipal, High School Bangoli (Tilda), Raipur (CG). (WRIT PETIIION UNDER ARHCLE 226 OF THE CONSTFTUnON OF INDIA) fSB: Hon'ble Mr. Satish K. Agnihotri, J.) Present : Shri Ashok K. Shukla,Advocate for the petitioner. Shri Arun Sao, Govt. Advocate for the State. ORAL ORDER (Passed on 4th day ofSeptember, 2008) 1. The petitioner impugns the order dated 02.08.08 (Annexure P/4), whereby, the petitioner was transfen-ed from High School Bangoli (TiSda) Block Dharsiwa to Primary School, Navagaon, Block Arang, District Raipur, firstly on the ground that it is contrary to transfer policy, secondly, Jila Panchayat is competent not the Chief Executive Officer of the Jila Panchayal; tfiirdly, the petitioner has not made any representation for transferring her, aad fourthly the petition4r was direeted tojoin the new place ofposting on 06.08.2008 but shs eould notjoin as she received the impugned order on 11.08.2008. He farther submits that seniority ofthe petitioner would be affected on the post of Shiksha Karmi Crrade II, as the same may not be counted from 15.07.08. I have heard leamed counsel for the parties, perused the pleadings and documents appended thereto. On 15.07.2008 (Annexure P/l), fhe petitioner was transferred on promotion. By thesecond order dated 21.07.2008 (Annexure P/2) the petitioner has been transfen-ed from High School Bangoli (Tilda) Block Dharsiwa to Primary School, Navagaon, Block Arang, District Raipur. The contention ofthe leamed counsel that fhe ChiefExecutive Jila Panchayat is not competent but the Jila Panchayat is competent, is without any basis. Jila Panchayat acts through jts Chief Executive Officer. Thus, this contention deserves to berejected. With regard to other grouad that it is contrary fo transfer policy, a.s there is ban in transfer, it is trite law that tiansfer is an incident of service and it is for the employer to decide as to where a particular ofticer/employee be posted keeping in view public interest as well as administrative exigency. This Court has limited jurisdiction to interfere in the transfer matter and this Court can interfere only in thecase of proved mala fide, non-competence of authority passing the traasfer order and transfer order not being in coriformily with the rules and regulations. The petitioneiyemployee cannot be permitted to remaiin at one place, forever, by Court orders. It is not a case ofproved malafide, lack ofcompetonce ofthe officerpassing the transfer order or infraiBtron ,3*^ of any statutory Rules and Regulations. The transfer policy is mere ;uidelines. The transfer policy may not supplant the general powers of employer provided under the statutory seryice rules i.e. to post a person at a place in the public iaterest and m administrative exigency. There is no grievance that ths order was not passed in public interest or the same has been passed in exercise ofmalafidepwwer. 4. The petitioner has not laised any point as stated above, thus, fhe petition is devoid ofmerit, and is accordingly dismissed at motion stage. 5. Consequently, I.A. No. Ol.application fbrgrantofinterim relie^ also stands disposed of. Sahu u|^j,'-S<l(-;. .^1; Satish;K.Agnihptri •^;,!.,^i;Ju<lge •l':': i:tt: