Sing%a £ancn Cg) IN THE HIGH COURT OF JUDICATURE AT BILASPUR. 4 _WRIT,PETITION No. 1H; é Z mm “ ,PETH‘IONER : Smt. Gayatti Bhosle, Wlo Late , x “ii smirR:R.Bhosle‘a’gea 45years, ‘. x R10 Vil’lage Karanji, Tahsil " Kondagaon Distn'ct Bastar. (C.G.) " "-VERSUS- RESPONDENTS _ , . / State ofChattlsgarh Through Secretary,Pubhc i 1' eaithDepartment :“D K Bu11dmg,Ra1pur.y " i Director Health Servmes V ‘ Chhattisgarh Ralpur v» CbiefMedio-al and r. ‘ Health Officer Iagdalpnr Li ‘ Dismcx, Bastar 4. Biock M edical Officer, ~ Primary Health Center, Kondagaon, Distt. Bastar (C.G.) ”WRITIUNDER ARTICLE 226f227 OF THE‘CONSTITUTION OF INDIA ii FOR ISSUANCE OF A SUITABLE WRIT ”ORDERS OR‘DIR ‘CTI'ON. ” ‘ 7 H HIGH COURT OF H ATTISGARH T B‘L UR WP. No. 4662 of 2004 Petiticner Smt. Gayatri Bhosle Versus Respondents State cf Chhattisgarh & oihers SE: Hon'ble Mr. Justice Satish K. Agaihotri, J $hri Prakash Tiwari. Advocate for the pefiiioner. Mi5s DeepaH Pandey, Panel tawyer for the respondeMslState. ORDER (Passed on this 23rd day of February, 2007“; The foucwmg arder of the Csust is pas3ed by Saa‘sh K. Agniham, J. é- . The petitiener white working as Muitipurpese Heaith Worker at Sub Heaith Center, Karanji, Block- Kondagaon was traasferred to Sub Heaith Center, Mandali, B!cck- Orcha, an the same tes'ms and ccnditiuns vide impugned t:ansfe.’ erder dated 13.8.2004 (Annexure PM), wathin the same eéshict i.e. Easter (Jagdalpur). The petiticner has impugned {hie :ransfei ordei en the graun‘d that his transfei is ccnirai’y to the circuiar dated 20.10.2905, wherein it ie previded that if a persan has Werked fer a pericd cf five yeaie ih a i-«iba. I area, he shouid be censider e' fer transfer 0h ihe other place of his cheiee. The imrsuened order does not ineicate that the petitioner has been transfetred from one district to other district. The transfer of the petiti‘odner i3 made within the same district Le. Beater (Jagdaipur). The said circuiar dated 20.10.2095 ie net appiicabie to the facts at the present case as the impugned transfer erder was passed mere than e year befere the said circuiar came inta ferce. The circuiar cannot he iven retrespective effect. as it is wet. f setted l principle of law. The imeugned transfer erder has already been given effect to and apart from that, this is net a transfer from one district to other district. Therefere the reliance of the petitioner en the above circuiar is sf no Jt‘ ‘H J Thakur relevance. The petitiener may point out the cifcuiar dated 20.10.2005 to the employer. if any other transfa is made {fem the d§5tiict where he as posted 1e 3a er (Jagdalpur) w ether diatnct fer conglderatson c. hie case in acccrdence with the said circuiar. U1 Be that as it may, with the pa; age cf time this petition has become .nfrMtuuue as perieu at transfer ‘3 not applicabie ferever. Even ct” . ise. it is weii settied pti .cipie ci law that transf t is an incident of service and it is for the employer to decide as te where a eahieuei + I ofhcer/empicyee be posted keeping in View public interest as well as administtetive exigehcy. This Ceurt has limited jurisdiction tc interfete .n the Jens. r matte: and this Coart can i’i r‘ere only tr me case f p'wed "rm .ide, "en-eempetence ef autn .it, pas he tiehsfe. etder and transfer order not being r conformity Wt... the ruies arid regul h .s “tune cf mese grcurid “re aveiiable to the petitiener. As a resuit, in view of the above, this petitien is dismissed. No order as to cos s r Samh K Wow !#ee Sdl— Judge