' @/yH WRIT PETITION (S) N6. 2370 01‘20G8 S.D.Mishra; Aged about 49 years, Lecturer, S/o Late Shii B.D.Mishra, M.I.G. 1/841, Hudco, Amdi Nagar, Bhilai Nagar, Distt. ~ Durg (C.G.) VERSUS RESPONDENTS :1. State of Chhattisaarh Through Secretary, Educanon Department D S Bhawan Ra1pur (C0) Director, Lok Shikshan Sanchalnalay, Chhattisgarh Raipur (C.G.) WR IT 'P‘ETTTEON UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA b). SB: Hon’ble Shri Satish K. Agnihetri. J. Shri B.K.Chadkrabarty’ Advocate for the petitioner. Shri Ajay Dwivedi, Deputy Government Advocate for the State/respondents ORAL ORDER Passed on 25m day of Apri}, 2008) The petitioner: being aggrieved by the order dated 07.03.2008 (Annexure P/l) passed by the Director, Pubiie Instructions“ Government of Chhattisgarh, Raipur, has filed this petition praying inter—alia, that the respondent No. 2 be directed to consider the representation and post the petitioner at Government Higher Secondary School, Deepak Nagar, District Durg” instead of Government Higher Secondary School, Amrikala, Durg. Earlier, the petitioner, who is working as Lecturer (Commerce) was posted at Higher Secondary School, Thanoud, District Durg, challenged the transfer order dated 29 12 2007 wherebv the netitioner was transferred to Government Higher Secondary School Pakhanjur Drstrict Ranker 1n WP(S) No 461/2008 This Court after hearing teamed PETITIGNER Present: HIGH COURT OF CHHATTISGARH AT BHASPUR \_ t \ i l counsei for the petitioner granted Eberty to the petitioner t0 make representation before the competem authority. Accordingly, the representation was mado. The Director, respondent No. 2, atier having considedng the ropresentaiion ofthe petitioner at leogth, as weli as atter affording the petitioner personal hearing, passed the order on S)mpathetic ground and posted the petitioner at Govemment Higher Seoondary School Amrikala, District Burg. It is weH-settled principle of law that transfer is an incidence of service and it is for the employer to decide as to where a particular officer/empioyee be posted, keeping in View pubiio interest as weil as administrative exigency. This Court has limited jurisdiction to interfere in the transfer matter and except in the cases of proved maiafide, non— competence of authority passing the transfer order and not being in conformity with the rules and regulations. The employee cannot choose a place Where he wants to work. The petitioner has specifically asked in this petition that the he be posted at Government Higher Secondary School, Deepak Nagar, Burg, which cannot be gamed. No other allegation sustainable in law is made in the petition. Thus, this petition is devoid of merit and is accordingly dismissed, summarily. No order asto costs. WM l sar— . l Satish Kl Agnihnm l I Judge I l l l l ‘1 l l 1