HI6H COURT OF CHHATnSSARH AT BILASPUR W-P.(5) No. 2694 of 2008 Petitioner J- 5. Chauhan. 5/o La-te Murat 5ir>9h ChauhcBi, Aged about 60 yecrs, Principal, Multi Purpose Higher Secondary Schoo!, Ambikopur-, R/o Ambf.kopyr, DistT.- Surgu.ja (C.6.) Versus Respondents 1. State of Oihuttisgarh, Ttirough: Secrstary, Chhanisgarh School Education bepartment, &.K.S. Bhawan, Raipur (Chhattisgarh). 2. DistricT EducsTion Officer, Ambikapur, Surguja (C.6-). 3. Sn't. l.aliTa Shriyastava, Principal, Mu!ti Purpose Higher Secondut'y / School, Ambikapur, Surgujo (C.6.) WRTT PETTTEON UNbER ARTICLE 226 OF THE CONSTTTUTION OF INDIA SB; Hon'ble Mr. Justice Satish K. ^gmbotri. J Shri Bhupendra-Singh, Advocate for the petitioner. Shri Ajoy Duiivedi, tteputy 6ovt- Advocate for the re^ondents No. 1 A 2. ORALORDER (Poissed on •this 9th doy of Mcy, 200S) 1. The petitioner has fiied this petition being aggrieved by the transfer order dated 26.4.2008 (Annesaire P/l). wher^by the pe-t'itioner, who was workina on the post of Principal.Sovernment Multipuinose Higher Secondary Schooi, Ambikopur, tsistrict Surguja has been transferred as PriFiCipol fioveminen't' Higher Secondsry School. (tedarpur, District Surgu ja.. ».!!SE" t '^JJJ .^ s{?^* '"^';~"~' ./u^ ^.^-.. ^.^^y 2. Learned counsei appearing for the petitioner submits that the petitioner is victim of fi'equant tronsfer. as within a periud of six months it is fourth tronsfer of the petitioner. The petitioner was dppointed as Lecturer in the Education bepartment. The petitioner, ufhiie posted os Ekiet at Ambikapur, Surguja, was protTioted as Principal by orde!- dated 7.11-2007 (Anneiaire P/2) anc! he was postad in the fiovemmant M.ultipur^iose Higher' Secondary Schooi, Ambiksyur, biatrict Sur-guja. Subsequently, by order dated Sl-12-2007 (Annexura P/3) the petitioner was transferr-ed as Assistant birector, [iistrict Education Officer, Ambikupur, District- Sur^uja. Thereafter, by order dated 31.3.2(X (Annexure P/4) the petitioner vaas transferred back to -the 6ovt. Mul+ipur-pose Higher Secondary School, Ambikapur, &istrict Surguja- At present by the impugned order dated 26.4.2008 (Annexure P/l) •the petitioner hos been transferred to 6oyt. Higher Secondary School, K&darpur, Elistr'ict Surguja, on the post of Principot. 3. Heard ieamed counse! appearing for the netitioner, perused the pieadings and documen+s nppended thepeto, it is not a case whidi Uiarrants intei-ference wii-ththe tronsfer order. Tha ailegation of victimization of ff^quent ti'ansfer does not survive, as the petitioner" was transferred within the same city. The. petitiorier \HQS not reqwre.fS to change hjs residence ond change of schoo! of the chiidren. No packin9, unpac!<ing or tr-ana-iortof any househoU is r-equireci Tt cioes not come within the pur'yieui of frequent transfer, 1 °"f^ s ^. ^ .lfc..^y causing harassment or prejudice to the employee/petitioner. It is well settied OFincinte of !aw •j+iat l-ransfer is an incidence of seryice and )•!• is for the employer to decide asto uihere a particular officer'/einployee be posted, keening in view pubiic interest os well as administrative exi9ency- 4- This Court has limited jurisdiction to interfere 'm l+ie trunsfer matter and -rf-iiS Court cari Snterfere only in the cases of proved mala fide, non-competence of authority passing the tronsfer' order ond transfer order- not faeing in conformity with the ruies and regulations. None of the above grounds are avoiSabte to the petitioner. 5. In view of the foregoing. this petition is dismissed, suffimorily. No order ss to casts. Thakur Sd/- SatishKiAgnihotri Judge