COURT OF AT W.P.ISI. No. PETATIONER Baikuntti Kumar FTadhan Versus State of Cmiattisgarh and others x^ Order post for J6 - 11-2008 Sd/- Dhirendra Mishra Judge -11-2008 ;^. COUKT OF- CHHATTSSGARH AT PETiTiONBR RE-SPQ2aDENTS W.P.ISh No. 5706/2008 Baikunth. Kumar Pradhan, aged about 53 years, S/o late Shri Pavitra Pradhmi, R/o Adarsh Nagai", Basna, Distt. Mahasainund (CG) Versus 1. State of Chliattisgarh, through the Secretai^, School 'Education Dcpartmcnt, D.K.S. Bhawan, Raipur 2. District Education \^L±ls.^\^i Mahasaiiiuind, Distt* MaliasamuRd (CG) 3. Govermnent Higher Secondaiy School, through Principaly Chha.poradih^ Block Mahasaniund, Distt. Mahasamuiid 4. Election Coniiiiission of India, Uirough the Secretan^ New Delhi . WRlT PETTTION UNDEKARTiCLB 226 OF.THE ;• CONSTI®TIQNOF!NDIA Sl-iri Prateek Shai'ma, counsel for the petitioner. Bhri Y.S. ThakLir, Dy. Advocate General for the State. -Q i€ D E R Tll^ 1 v»y»^l w-sk iyil<ah'r<a-.-T- Bythis petition, the petitioner has impugned his traiisfer order dated 30-6-2008 (AiiiiexLu'e P-2), whereby he has been traiisferred from office of Block Education Officer, Basna to the offlce of District Education Officer, to be posted on his option to anotlier place except Basna Block on admiiustrative grouiid aud the order dated 23-7-2008 (Annexure P-5) . passed by the District Education Officer, Mahasainund whereby the petitioner has been posted in Govermiient Higher Secondaiy School, Ghhaporadm, Block Maliasaniuiid. ^^•'-ti^^y 2 2. Case of the petitioner is that he med W.P.(S) No. 3569/2008 against his tt'ansfer order dated 30-6-2008, which was disposed of by tiiis Couit vide order dated 17th July, 2008 (Annexure P-3) on tlie basis of statement ofthe counsel for me State tliat if the petitioner submits representation agaiilst his transfer order, the saiiie shail be considered aud decided withui two weeks. His representation dated 23-7-2008 was rejected on 11-9-2008 with aii obsei-vation that tiie petitioner lias been trmisferred as per the transfer policy of the State Govermiient wimm one otfice ot tlie Distnct to aiiotlier ottice. Un Uie date when his representation was rejected by the State Goven'iment, tue District Education Officer directed the ^Block Educatiou Officer, Basna to relieve the petitioner for liis ti'aiisferred placed forthwith aiid m compliance thereof, the, petitioner was reiieved frQiii Basna on 24-9-2008. Wlien he went to the School to give his joining, he was informed that. there is no sauctioned post of Accountaiit in the School as per new set up aiid he also sought direction m the matter from the Disti'ict Education Ofticer, Maiiasamund. 3. On the last date of heaiing, Shri T'hakur, leaiTied Dy. Advocate Cteneral was ailowed tiirie upto 5m November, 2008 to seek instraction froui the concenied authoritv7 in the aforesaid circuiiistances and make his submission. v.^ ^ 4. Sliri Thalmr subniitted that he has insti-uction fi'om the respondents fhat if fiie petitioner gives his joinmg in conipliance of his traiisfer order at Govermiient Hi&lier SecondaiT School, Chhaporadih, he shall be aUowed joimng aiid his salaiy shall also be clisbursecl. ; 5. Smi Prateek Shm'ma, learned couiisel for the petitiQner subuiits that froiii perasal of the order of trmisfer, it would be evident that the petitiouer has beeii traiisfeiTed maiidely without there being any admmisttative exigency as there is no vacaut post in the place where he has been transferred whereas in Basna, the post of Accountant is vacaiit after traiisfer of me petitioner. 6. It is settled law that transfer is aii exigenc^7 of service and is aii admiiustrative decision. Iiiterference bv the Courts wifh transfer orders should only be iu very rare cases, it is entirely for the employer to decide when, where and at what pomt of time, a public sei'vaiit is traiisfeiTed froni ms present posting. Ordiuariiy, the Court has ua jurisdiction to interiere with Uie order of ttaiisfer. In tlie matter of Mohd. Masood Atimad_--v- of U.F. aad others reported ii-i (2007) 8 SCC lo0, tlie HonDle Apex Court refeiTing to the various judgmeuts of the HonrDle Supreme Court, has held that 'the priTiciple of law laid down in the aibresaid decision is tiiat an order of transfer is a part of the service condition of an employee, wfaich should uot 'v, ,/'- be inferfered wtth orduiaritv bv a court of isw iu exercise of its discretionary luTisdiction under Aiticie 226, miless fhe Court lluds that either fhe order is malatide or that the service rules prohibit such u'aiisfer or Uiat the authorities who issued the order were not couipetent to pass the orders.?? 7. In the instaat case, though the comisel for the petitioner has tried to argue tliat bare reading ofthe ti'ansfer order would go to show that lie has beeu transfeiTed out of Basna to some other place at Uie discretion of tlie Distiict Education Offlcer, Mahasaiiiund, wmch cleailv indicates that he has been traiivsferred malafidelv without admimstrative exigency, however, m the impugiied u'aiisfer or-der ofAiinexm'e P-2, apart froni the petitioner, 40 otiier teachers have also been traiisferred by a common order. On petitioner's own adniission, the petitioner was working at Basna siiice 2006 aiid he was transferred only after t\vo yeai's. T'he argument that there is no sauctioned post ofAccouutant hi his transfeiTed place looses its sigiiitlcance as leai'ned Dy. Advocate General aft.er seekm| iustruction from the State GoveiTiment, has cateRorically macle statement mat. Uie petitioner shall be ailowed ioinmg at his traiisferred place and salary will be disbui'sed to hmi. 8. 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