(I ? 4 HIGH COURT OF CHHATTISGARH. BILASPUR W.P.(S)No.7260of2007 PETITIONER RESPONDENTS Ramdas Chauhan aged 58 years, S/o Shri Shiv Pujan Chauhan, Posted at Primary School, Nardha, Dhamdha Block, District Durg(CG), R/o Qr. No. 355, Housing Board Kohka, Bhilai, District Durg(CG) Versus 1 State of Chhattisgarh, Through : Upper Chief Secretary, Education Department D.K.S. Bhawan, Raipur (C.G.) 2 District Education Officer, Durg Division. Durg(CG) WRIT PETITION UNDER ARTiCLE 226 OF THE CONSTITUTION OF INDIA Aopearance: Shri Anurag Jha, counsel forthe petitioner. Shri Pradeep Singh, Panel Lawyer, for the State/ respondents on advance copy. ORAL ORDER (10.12.2007) SUNIL KUMARSINHA, J. Heard on admission. The petitioner, who is working on the post of Assistant Teacher, has been transferred from Primary School Nardha, Block Dhamdha, District Durg to Middle School, Sindhori, Btock Berla, District Durg on administrative grounds. Learned counsel for the petitioner argues that the petitioner is aged about 58 years and he is suffering from many ailments, therefore, it would be difficult for him to go to the transferred place, He also argues that theorder has been passed«in mid-session; therefore, it is not in accordance with the transfer poiicy ofthe Government. ! have considered the points raised by learned counsel for the petitioner. As far as the point of mid-session is concerned, the order has been passedon 21.9.2007, therefore, itcannot be said that it is passed in mid-session. About the advanced age and ailment of the petitioner, •^ WP(S) No.7260/2007 fz^ jt can only be said that these are not the grounds to interfere with the order of transferby a Court of law, issued by the competent authority. Transfer is an incidence of service. No person working on a transferable post can claim to be posted at a particular place. It is for the emptoyer to see that who should be posted where in the interest of better functioning of the department as also public interest. It is the settled view of the Apex Court that unless the order of transfer is vitiated by malafide or extraneous considerations or is against any statutory Rule or the Act, it cannot be interfered with by a Court of Law. Learned counsel for the petitioner could not point out any ground of malafide, or extraneous considerations or that the order has been passed against any Statutory Rule or the Act. 1 do not find any reason to interfere with the order of transfer of the petitioner on these grounds. The petition has no merits. The same is dismissed at the motion stage itself. __ -Sd/-..-1 ,, i Siiaiit ]K»Bia^§inha | Judge '<- ^' -\