^ ^' HIGH COURT OF CHHATTISGARH. BILASPUR S.B.: HON'BLE SHRI JUSTICE SUNIL KUMAR SINHA WRIT PETITION (S) N0. 3698/2010 PETITIONER RESPONDENTS 1. 2. R.R. Patel, S/o K.L. Patel, aged about 61 yeare, working as Principal, Govt. Higher Secondary School, Karanja, Bhilai, R/o Dhamdha, front of Janpad Panchayat, P.0. Dhamdha, Durg (C.G.) VERSUS State of Chhattisgarh, Through: The Secretary, School Education Department, D.K.S. Bhawan, Raipur (C.G.) District Educatibn Officer, Durg. Distt.- Durg (C.G.) WRIT PETIT10N UNDERARTICLE 226 OF THE CONSTITUTION OF INDtA Appearance: Mr. Somkant Verma, Advocate for the petitioner. Mr. R. Tripathi, Panet Lawyer forthe State/respondents. ORAL ORDER (22.07.2010) SUNIL KUMAR SINHA.J. l-1eard. Petitioner- R.R. Patet has filed this petition chatlenging the order of his transfer dated 13.07.2010. By the said order, he has been transferred from Higher Secondary School, Karanja, Bhilai Distt, Durg to High School, Kudani, Block Gurur, Distt. Durg (C.G.) Learned Counset for the petitioner, submits that the petitioner has been transferred from one Higher Secondary Schoot to 1-ligh School, therefore, the order is bad in law. During the Course of argumente, it was asked from the counsel for the petitioner to show as to whether thePrincipal of Higher Secondary Sehool and Principal of High School, both are two different cadre poste and the cadre of Principat, Higher Secondary School is superior than the cadre of Principal High School?, on this, learned counsel for the petitioner could not point out any material to subslantiate his contentions. n WRIT PETITION (Sl N0.3698Q(UO ^ TransTer is an incidence of service. No person working on a transferable post can make his claim for posting at a particular place. It is for the employer to see as to who should be posted at which place, keeping in mind the better functioning ofthe department as also the public interest. Unless the order of transfer is shown to be vitiated by malafides or extraneous considerations or it is shown to be passed against any stahitory Rule or the Act, normally such orders are not to be interfered by a Court of law, is the settled view of the Apex Court in many cases. For the foregoing reasons, 1 do not find any substance in the petition.The petition is liable to be dismissed and is hereby dismisse< SUBlaKLutnarStaba 3udge