HIGH COURT OF CHMATTISGARH. BSLASPUR W.P.CSI No.4990/2010 PETlTiONER .RESPPNDENrS S.K. Singh Bhadoriya. Aged about S2 years, S/.o Shri Narendra Pratap Singh, Occupatlon Semce, In Charge Biock Education Officer, Oddagi, District Surguja (C.G.) Versus ' . 1 State of Chhattisgarh, Through 'Secretary, Deparlment off Admi Jati Tath^ Anusuchit Jati Vikas, D.K.S; Bhawan,. Raipur (C.G.) 2 Deputy' Secretary, • Department of Admi Jati Tatha Anysuchit Jati VIkas, D.K.S.Bhawan, Raipur (C.G.) 3 Coilector, Distrlct Surguja (C.G.) 4 Awadhesh Kumar Gupta, S/o (Not known to the petitioner) Aged about 45- years, Highsr Middle Sc'nooi Boda, Dsstrict Surguja (C.G.) . WR!T.PETlTiONUNOER.ARTICLE:2M.OFTHE CONSTITUTION .OF INDIA : Mr. Vsnay Pandey, Coynsei'forthe petitioner. Mr. R. Trlpathi, Panel Lav^yer for the State. ORAL_QRDiR SUNiLKUilAKS.INMA:,,J, . • Heard. , . Petitioner S.K. Singh Bhadoriya is hoidjng the' substantive post of Princlpai. He was working-as Incharge Biock' Education Orficer, Odgi, District Surg-uja (C.G.). By order dat.ed 23.08.2010, now, respondent'No.4 has been'transferred as incharge Biock Education Offlcer, Odgi, where, the petitioner was working. it has aiso been mentioned in the order that after' handing over ttie charges, the reieva.nt persons.woujd be on'the option of the Assistant • Commsssioner. Atter joinlng of. respondent' No.4 at Odgl, the petitioner, by order dated 31.08.2010 (Annexure D/1), has now been transrerred as 1 "\ 'i W.P.CSI shyna Pnnclpal, Government Hlgher Secondary School, Odgl, Distnct Surguja. Learned counsei for the petitioner subrnits that respondent No.4 ss junior to the petitioner, therefore, he shouid not have been brought at the piace of the petitsoner as incnarge Biock Education Offlcer. The petltioner has' been sent as the Prindpa!, ' 'Government Higner Secondary School, Odgi. It is undisputed that tne post of Principai is the hlghest post in a Higfier Secondary Schooj and directiy, st has nothing to do vvsth the Block Education Qfflcer. Sincs the petitloner is tielng brought a,s the head of his institution, the'arguments advanced by Searned counsei for the petitioner cannot be accepted. Moreover, the order of transfer of the petitioner is just a Socal shifting, as he has been shifted from one offlce to another m VsiJage -Odgi itself. It is also undisputed that .the petitioner is posted on a • transferable post. . • Transfer is an Incidence of servtce. No person vvorking on a transferable post 'can ma.Ke his. ciajrn' for posting at a particuiar place. Jt is for the emplQyer fo see as to who sriould be posted at which piace, keeping in.rnind the'better functloning of the department as also the pubiic interest. Unjess the order of transfer is shown to. be vitlated by malafides or extraneous considerations or 11 is shown, to be passed agalnst any statutory Rule or the Act, normaliy such orders are not to be interfered' by a Court of law, Is ths settled view of the Apex Court in many cases. For'the foregolng reasons, i;do not find any substance. inthe petstlon. The petitlon is liable to be and is hereby d!smissed._ Sd/- Sunil Kumar Sinha judge