HIGH (IOURT OF CHHATTISGARH AT BILA$PUR W.P.(S) No.391 81201 0 Petitioner Anshuman Mishra, Aged 59 Years S/o. Late Shri Dhwajalai Mishm, Head Master, Govt. Primaly School No.1, New Khurshipar, Bhilai, DisttDurg (6.6.) Vs Respondents 1. The State of Govt of Chhamsgarh, Through the Secretary, Schooi Education Department. D.K.S. Bhavan. Raipur (C.G.) 2. District Education Officer, District Durg (C.G.) 3. Block Education Officer. Liurg, District Durg (C.G.) I . - 4. Shri Madhukar Yadu aged about 44 years, Head Master, Sardar Patel Primary School No.2, Durg (C.G.) Present: _ Shri Somkant Verma, counsel for the petitioner. Ms. Sunita Jain, Pane! Lawyer for the Statelrespondents No. 1 to 3 on advance copy. SINGLE BENCH: HON’BLE SHRI sUNlL KUMAR SINHA. J. O R A L 0 R D E R (30.07201 0) Heard on admission. Petitioner, Anshuman Mishra, is working on the post of i—iead Master, Govt. Primary Schooi No.1, Khurshipar, Durg. By impugned order dated 15.07.10, he has been transferred from Govt. Primary School No.1, Khurshipar to Sardar Patel Primary School No.2, Durg. It is stated at Bar that distance between the two schools is about 10-11 km. The petitioner is posted in Khurshipar since 2008. Shri $omkant Verma, learned counsel for the petitioner submits that the petitioner has been transferred to accommodate respondent No.4. Though such submission is made by learned counsel for the petitioner, no material has been shown to substantiate such contention. Transfer is an incidence of service. No person working on a transferabie post can make his claim for posting at a particular place. lt is for the employer to see as to who should be posted at which place, keeping in mind the better functioning of the 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 statutory Rule or the Act, normaliy 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, l do not find any substance in the petition. The petition isliable to be and is hereby dismissedl Sd/— l SUNIL KUMAR SINHA Judge ‘