IN THE HIGH COURT OF CHHATI'ISGARH AT BILASPUR WRIT PETITION NO. 5’40 OF 2005' Ku. Chandrakanti Nag, daughter of Late Sadanand Nag, aged about givears, resident of Shankarpara, Raigarh, Distt. Raigar’h (C.G.) PETITIONER VERSUS /" 1. State of Chhattisgarh, through : Secretary, Department of Health and Public Welfare, D.K.S. Bhawan, Raipur (CG) The Director, Directorate, Department of Health and Family Welfare, Chhattisgarh, Raipur. RESPONDENTS Chief Medical and Health Officer, District Raipur (Chhattisgarh) The Collector, District Raigarh (C.G.‘) The Chief Medical Officer, Jashpur, Distt. Jashpur (CG) /5. / WRIT PETITION UNDER ARTICLE 226 227 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF ‘WRIT ORDER OR DIRECTION IN THE NATURE ,OF CERTIORARI, MANDAMUS OR OF ANY OTHER APPROPRIATE NATURE . XI~HC—78 EW,WW . w-P‘: - ' 10 2005” . WW(W> WWW WWW Wmermm amm g.3.2bos éhxi Sanjagr Kumar Agrawa‘ Shri Sande€p D'ubey, Panel pm advance coiJy.: V Heard. Incharge Pn'nciiml, Women H Jashpur. He further submits Raigarh since the year 1993. He a heart. fadent a11d she is also s‘ Learned counsel for the Raigarh is the seitable p1ace for facilities at‘Raigarh. He further as there are various medical submits-that the impugned or der (dated 111.20G5) of transfer L, counsel for the petitioner. Lawyer for the State] respondents 2005. itiorier submits'that the petitioner orders dated 11.1.2005 and 24. 1 Leanled counsel for the pew is Working as Distn'ct Public Hlealth Nursing Oficer in Raigarh. She has been transferred from liaigarh to Jashpur‘on the post of ealth Workers Training Centre, that the. petitioner is posted at also submits that the petitioner is Lifeling from diabetes. petitioner further submits that stay of the petitioner than Jashpur . l , The. ,petitioner‘ has chaldenged the legality of orders, Annexures P— 1 or P—2, which ai‘e the transfer as well as relieving 65; \./' XI-HC—78 Harman, mm VO WWW 200 _ : ‘\ mm<m) wmm mum , mmw “zw m£§q$ " (gm '~‘ ,should ha quashed and th‘t patitioner should be aHowai to continue at Raigarh, x ‘yg Firsft of all th6 point of writ jmiSdictioa of this Court as to ‘ ‘ interfaro in tho ordor of transfé"): is to be considered. In the series ofjudgmegis, the Apex Court has held That the 'traxlsfer is an incidence of sei‘vice and is not to be interfered with by the Courts unless it iS shown to be clearly arbitrary or visited by malafide or infraétion of any prescribed norms of principles governing the transfer. Referring to the decision, reported in 1995 (Sug21! 4' SCC 169 [Ambani Kanta Ry; —Vs— State of Orissg} and Am 1993 s.c. 2444 {Union af India .v. s.L. Abbag), the apex Court has laid down this law m the matter of Kendriya Vidyalaya Sagathan —Vs- bamadar‘ Prasad Pandey and others regorted ‘ in 2004 Am S.C.W. S563. ln this judgment itself, the apex Court in latter part of para 4 mentioned the observations rendered in the matter of Union of India 85 ilthers -.-Vs' Janardan Debanatn and another {2004i 4 SCC 245 that :- “No yovemment servant or emptoyee of a public undertaking has any legal iight to be postedfore’Ier at any one particular place or XI—HC—78 WW,W,W § mm(@aa§%r) XI—HC-78 WW,WW,W . \ WWW-y 20 , \ mW(W) WWW ”L" %WW ‘ ;: > i ».§_r: v , :X" V, extran¢ou§ Cons1d6rat1ons a1 wdefmite .pisadings and by 1 sunka e established by coming forward with ringing some evidence on record, ‘it cannot be said that the trans fer which has been shown to be purely 6n 'thc adminiStrativex exigen ;y will not be accepted to be a normal transfer. In the present‘caee, the petitioner is working at Raigarh sinee . the year 1993. After a vexy Long pem‘Odi she has been trallsferred to Jashpunk Raigarh and Jashpur both are the district. headquarters. 1t is difficult for this Court to say that the facilities available at Raigarhvmll not be available at Jashpur. Theseare not the grounds to interfere with the order of transfer. The petition has no merits and the same is dismissed at the admission stage itself Sd/- Sunii Kumar Sinha . Judge mwtww 0