HIGH COURT OF CHHATTISQARH. BILASPim (s) Writ Petttion No.4103 of 2007 ./' 1 -• »- AppUcaat Krishiia KuDaar Ghore, aged about 50 years, s/o late Shri Horilal Ghore, Worlang as Assistant Food ofiBcer, Bilapsur, r/o Nariyal Kofhi, Dayalband, Distt. Bilaspur (C.G). Versus Respondents 1 State of Chhattisgarh fhrough the Principal Sccretaiy, Departanent of Food aad Civil Supplies aad Consumer Protection, D.K.S. Bliawan, Mantralaya, Raipur 2 CoUector, Bilaspur (C.G) 3. Pood ControUer, CoUectorate, BUaspur (C.G) Writ Petttion under Artlcle 226/227 ofthe Cotistitatiori oflndla Appea'aace: Shri Kaaak Tiwari, Sr. Advocate witfaShri Jitendra Pali Coiiasel for fhe Petitioner. Shn Ajay Dwwedi, Pancl Lawyer for the State and ofher respondents on advance copy. ORAL ORDER (06.08.2007) SUNIL KUMAR SIUHA. J. Heard on adinission. The petitioner who is working as an Assistaat Food Ofi&cer, Bilaspiu-, Iias been traasferred fix)m Bilaspur to Sarguja on admiuistrative grounds by order dated 29.6.2007 (Axinexure P-1). He was posted na Bilasptir siace 23.3.2005. Leamed Senior Counsel argues that tbe traasfer of fhc petitiouer has been effected in violation of transfer poUcy dated 13th ofJune 2007 as also the Circular dt.20.10.2005 (Aimcxure P-5) which is in relation to posting in the seheduled area. He submitted fh.at after serving innuaitua 5 years in fhe schediiled area, an option ofthe Govt. Servant tobe postedathis place ofchoice, uiust be ~:n-\ 1,L T -2-- Writ PetiUon No.4103 of 2007 ¥. considered, which has uot been done iu this case aiMl fhe order has been passed in violation of the said Ctrcular. He also submlts that fhe petitioner has sustaiued a fi-acture for whlclt he is taWng reguter treatitient at Bilaspur aud fhe wife of the petitioner is a Cardiac Patient Needless to say that these are not the grounds on which the traasfers are to be iaterfered by a Court of law. Uxiless the transfer orders are vitiated by malafide or extraaeous consideration or are effected in violation ofaay statutoiy Rules or thc Act, the Courts are not to interfere ia it. So far as the persoiial difficulties are concemed, they may be considered by the employer looking to the welfare offhe eiaployee. • Haviug heard learaed counsel for fhe parties aad after perusiag fhe contente of fhe writ petition as well as the transfer poUcy and Circular dated 20. 10.2005, in the opinion of this Court, ends ofjustice would be served ifthe petltioner is permitted to ffle a detafled representation before the coucemed authorily aud the said authonty is directed to dispose ofthe saine at the earUest Accordingly, ttus petition is disposed ofwith a direction that fhe petitioner, ifso advised, inay file a detailed representation before the concemed authorily within a period of 15 days 6:om. today alongwith a copy of this order, copy of Writ Peition and the documents aruiexed thereto and on such a representation beiag filed, the conceraed authority shaU dispose of fhe same lu accordance with law at fhe earliest With the above direction/observations, this petition staads finaUy disposed ofat fhe motion st^e itself. _ _,__— Sd/- Sunil Kumar Sinha Judge Rao