CHANDA GOSWAMI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) CHALLENGE in this petition is to the order dated 15.07.2011 (Annexure P/1) whereby the petitioner, working as Assistant Teacher at Primary School, Lingiyadih, Block Bilha, has been transferred to Primary School, Buchipara, Block Mungeli.

(2.) SHRI Rao, learned counsel appearing for the petitioner submits that the information regarding issuance of the impugned transfer order dated 15.07.2011 (Annexure P/1) came to the knowledge of the petitioner only on 18.01.2012, whereas, on 17.06.2011 (Annexure P/3), the petitioner was engaged as Booth Level Officer and was ordered to collect the mobile numbers of the voters by the Tahsildar and Assistant Election Registration Officer, Bilaspur. As per the policy of the State Government dated 22.06.2010 (Annexure P/4), the employees engaged in election work cannot be transferred. The petitioner is still continuing with the work of election and thus, the impugned transfer order is bad in law and deserves to be set aside. SHRI Rao further submits that the petitioner is an old lady aged about 57 years suffering from Asthama and she needs regular treatment and by the impugned transfer order which has been passed in mid session, would cause great hardship to his children and his entire family.

(3.) IT is well-settled that transfer is an incidence of service and it is for the employer to decide asto where a particular officer/employee be posted, keeping in view public interest as well as administrative exigency. This Court has limited jurisdiction to interfere with the transfer matter except in the cases of proved mala fide, non-competence of authority passing the transfer order and not being in conformity with the rules and regulations. The petitioner/employee cannot be permitted to remain at one place forever. Under the provisions of service rules, employer has all the powers to post an employee at a particular place in view of public interest and administrative exigency. (See E.P.Royappa v. State of Tamil Nadu and another, Union of India and another v. Janardhan Debanath & another, State of M.P. and another v. S.S.Kourav and others and Mohd. Masood Ahmad v. State of U.P. & Others).