CWP 5463/08 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.5463/2008 Kailash Chandra Yadav Versus State & (2) Ors. Date of Order ::: 30/05/08 Hon'ble Mr. Justice Ajay Rastogi Mr. Pradeep Kalwania, for petitioner Instant petition has been filed assailing order dt.16/05/08 whereby District Education Officer (Secondary) (II), Jaipur has cancelled order dt.01/05/08 and directed the petitioner to continue at govt. Secondary School, Kuhara (Jaipur). It appears that petitioner while working as Sr. Teacher (Science) under orders of District Education Officer was transferred fromgovt. Secondary School, Bhainslana (Jaipur) to Kuhara (Jaipur) vide order dt.30/12/06 (Ann.1) andhe continued for some time but when he was sent back to his earlier place of posting at Bhainslana, Principal of School made request to the District Education Officer which was acceded to and his posting of Bhainslana was cancelled vide order dt.16/05/08 (Ann.12) and has been allowed to continue at Govt. Secondary School, Kuhara. On a specific question put to the Counsel about distance between Kuhara & Bhainslana, it has been informed that it is about 35 kms. CWP 5463/08 //2// Petitioner is holding transferable post and it is not his case that passing of the order (Ann.12) impugned in any manner does affect his service conditions. Transfer is an incidence of service, which is ordinarily not required to be interfered with, unless there is malice imputed or it being violative of statutory provisions – in absence whereof, this Court does not find any infirmity which may call for interference in order of transfer impugned. Consequently, writ petition fails and is hereby dismissed. (Ajay Rastogi), J. K.Khatri/p.2/5463CW08-3005trns.doc