^ jo.5739/2007 Kuidip Kujur, aged about 43years, S/o Shri P. Kujur, Assistant Teacher, Govt. Primary' Schooi, Karmitikra, Block Premnagar, District Sarguja (C.G.) State of Chhattisgam, Through the Secretary Tribai We!fare Department, -Dau Kaiyan Singh Shawan, Raipur (C.G.) Coiiector, Sarguja (C.G.) Assistant Commissioner, Tribai Welfars Department, Ambikapur, District Sarguja (C.G.) Block Education Officer, Prem Nagar, DistnctSarguja (C.G.) WRiT PETiTION UNDER ARTJCLE 226 AND 227 OF THE CONSTITUTiOM OF !.ND!A arance: Shri D.N. Prajapati, Counsei forthe petitioner. Ms. Sunita, Jaln, Panel Lav/yer for the State. ^-1 *S ^ ^i ^,,riL-i [15.10.2007) The petitioner, who is working on the post of Assistant Teacher in Primary Schooi, Karmitikra, has been transferred on the option of Assistant Commissioner, Koriya. Learned counsel for the petitioner submits that in fact the petltioner is working at Karmitikra, but in the ora'er it has been mentioned that he is working at Dhumadand. He shovre rne the order dated 30.09.2003, according to which, in fact, the petitioner is substantiaiiy working at Karmitikra and was attached to Dhumadand. It is for this reason, the substantive place of W.P. (S) No.5739^007 ^ Shyna posting of the petitioner has been shown as Dhumadand and that is not a material irregularity. Learned counsel for the petitioner raises the second point that the wlfe of the petitioner is working as a Supervisor in Ba/ Vikas Pariyojna, Premnagar, which is nearer to Dhumadand and it shai! be far away from Koriya, therefore, if the order is affected, it shaii create difficuity in' the famiiy. Apart from this, he submits that there is a minor son of the petitioner and it would be difflcuit to look after him aiso, if the husband and wife are kept at 2 different places. Neediess to say that these are not the grounds to inierfere with an order of transfer. Transfer is an incidence of service. No person working on a transferabie post can claim to be posted at a particuiar place. It is for the empioyer to see that who shouid be posted where in the interest of better functioning of the department as also in the pubiic intersst. it is the settled view of the Apex Court that unless the order of transfer is vitiated by malafides or extraneous consideration or is against any statutory Rules or Act, it cannot be interfered by a Court of La'<v. So far as personal difficuities ofthe petitioner are concerned, the petitioner is free to file a representation before the concerned authority and the concerned authority is under obilgation to dispose of the representation, because, as stated by iearned counsel for the petitioner, there are many circuiars of the government, according to %^ which, the poiicy is that<6ie''far as possibie husband and wlfe should be kept at one piace for rena'ering smooth setvices by them. in iight of the above, I am not Inclined to interfere vi'ith theorder on these grounds. ~he petition is disposed of. However, the petitioner shafl be free to file a representation before the concerned authority in this regard and if such a representation is filed, it shali be disposed of by the concerned authority in accordance with law at the eariiest. __—-——-—- Sd/- Sunil Kumar Sinha Judge