-:&•.. ^ i HIGH COURT OF CHHATTISGARH, BILASPUR S.B.: HON'BLE SHRI JUSTICE SUNJL KUMAR SINHA WRIT PETiTION (Sl N0. 4913/2010 PETITIONER RESPONDENTS \ Smt. Uttara Sahu, VV/o Raj Kumar Sahu, aged about 30 years, presently working as Mahiia Swasthya Karyakarta, Tarragondi, Kurud, Distt. Dhamtari (C.G.) VERSUS 1. State of Chhattisgarh through the Secretary, Department of H©aith, Mantraiaya, D.K.S. Bhawan, Raipur (C.G.) 2. The Director, Heatth Services, D.K.S. Bhawan, Raipur (C.G.) 3. Chief Medical and Health Officer, District Dhamtari (C.G.) 4. Block Mledicai Officer, Community Health Center, Kurud, District Dhamtari (C.G.) WRIT PETiTiON UNDER ARTICLE 226 OF THE CONSTITUTION OF SND8A ADpearance: Mr. P.R. Patankar, Advocate for the petitioner. Ms. Sunita Jain, Pane! Lawyer for the State on advance copy. ORAL ORDER (30.08.2010) SUNILKUIVIARSINHAJ. Heard. Petitioner- Uttara Sahu is working on the post of Mahila Swasthya Karyakarta. By the impugned order dated 29.07.2010, she has been transferred from Sub-Health Center, Tarragondi to Pnrnary Health Center, Akiadongi. Learned counsel for the petitioner submits that petitioner is a lady having a chlld of 1 % years, therefore, it is difficult for the petitioner to compty the order of transfer because the distance between the two statlons are 80 k.m. !t has not been dlsputed that the petitioner is working on a transferable post. Transfer is an incidence of sen/ice. No person working on a transferable post can make his claim for posting at a particular piace. it is for the employer to see as to who should be posted at which piace, ^ o WRIT PETITION (S) N0. 4913/2010 9-\ keeping in mind the better functioning of the department as also the public interest. Uniess 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, normaEly such orders are not to be interfered by a Court of faw, is the settied view of the Apex Court in many cases. Since the petltioner could not make out a case either of maiafide or extraneous considerations or of violation of any Act or the Ruie, i am not inclined to interfere in the transfer order dated29.07.IO. The petition , therefore, is dismissed atthe motion stage itseif. Sd/- Sunil Kumar Sinha Judge 4^