^t^ II 1 HIGH COURT OF CHHATTISGARH. BILASPUR W.P. (81 No. 6061 of 2007 PBTITIONBR RESPONDENTS D.R.Sahu, s/o late Shri Dwarika Prasad sahu, aged about 51 years, presently posted and workiag as Deputy Raager, Norfh Maapunr Forest Division, Rajnaadgaon, Distt. Rajnandgaon Versus 1 State of Chhattisgarh, fhrough the Secretaiy, Department of Forest, D.K.S. Bhawaa, Maatopalaya, Raipur(C.G). 2 Under Secretary, Department of Forest, Govt. of Chhattisgarh, D.K.S. Bhawan, Maatralaya, Raipur (C.G) 3 Divisional Forest Ofiicer, Norfh. Manpunr, Forest Division Rajuandgaon, District Rajnandgaon (C.G) WRIT PETITION UNDBR ARTICLE 226 OF THB CONSTITUTION OF CTDIA Appearaace: Shri Rajendra Tripafhi, counsel for fhe petitioner. Shri Suinit Venna, Paael Lawyer, for fhe State/respondents on advaace copy. QRAL ORDER (10.10.2007) SUNIL KUMAR 8INHA, J. Heard on admission, The petitioner, who is working on fhe post of Deputy Raager, North Maapi.tr Forest Division, Distt. Rajnaudgaon (C.G) has been transferred to South Maapur Division, Nawagarh Forest Division, Rajnandgaon (C.G). Leamed coiinsel for fhe petitioner submits that the traasfer has been. effected in. bau period and it is a inid session transfer. Oa this, leamed State Counsel submits that fhe order of traasfer was effected on 31.8.2007 when fhere was no bau as fhe ban 1^-f.^s) Mo 60 61/o^ /*-/ — 1 - period was extended to this date. He also ai^ues that as the acadeinic session ia the schools in fhe State beguis froia 1st of Jiily, it cannot be said fhat it is a inid session transfer. Transfer is aa incidcnce of service. No person workiag on a traasferable post cau claiin to be posted at a particular place. It is for fhe employer to see fhat who should be posted where jn the iaterest of better fuuction of fhe department as also in fhe public interest. It is the setfled view of the Apex Court fhat unless the order of traasfer is vitiated by inalafide or extraneous considerations or is agauist any statutory Rules or Act, it canaot be nuterfered by a Court of Law. Since the petitioner could not inake out a case either of nialafide or extraneous considerations or passiag of the order of traasfer agaiast any statutoiy rules or the Act, I am not inclined to ititerfere ia fhis petition on the above grourids raised by leanied counsel for fhe petitioner. The petition has no nierits. The same is dismissed at the inotion stage itself. Sd/- Sunil Kumar Sinha Judge