Braj Bhooshan Verma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3794 of 2020 • Braj Bhooshan Verma S/o Late Radha Sewak Verma Aged About 57 Years Presently Working As Sub-Engineer (Civil), O/o Sub-Divisional Officer, Water Resources Survey Sub-Division, Jagdalpur, Distt. Bastar (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Water Resources, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur (Chhattisgarh)

2. Sub-Divisional Officer, O/o Sub-Divisional Officer, Water Resources Survey SubDivision, Jagdalpur, Distt. Bastar (Chhattisgarh) ---- Respondents For Petitioner :

Mr. N. Naha Roy, Advocate For Respondents/ State :

Ms. Akanksha Jain, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order 24.09.2020

1. Heard.

2. The challenge in this petition is to the transfer order dated 28.08.2020, wherein the petitioner has been transferred from office of Water Resources Survey SubDivision, Jagdalpur to Water Resources, Sub Division Beejapur.

3. Learned counsel for the petitioner would submit that the wife of the petitioner is also working at Jagdalpur and as per the policy of the State government husband and wife are to be kept at one place.

4. Learned State counsel will submit that the petitioner is working at Jagdalpur from last 5 to 6 years.

5. It is well settled law that the transfer of a Government Servant appointed to a particular cadre of transferable post from one place to the another is an incident of service, which cannot lightly be interfered with by Courts unless it is shown to be clearly arbitrary or visited by mala-fide or infraction of any prescribed norms of

principles governing the policy of transfer. No Government servant or employee of Public undertaking has legal right for being posted at any particular place.

6. In view of the above settled legal position and considering the facts of this case and the time period which is spent by the petitioner at the place of posting , I am not inclined to interfere with the impugned transfer order. However, the petitioner will be at liberty to make a detailed representation to Respondent No. 2 within 3 weeks. If such representation is filed, it is directed that Respondent No. 2 shall decide the same as soon as possible.

7. With the aforesaid observation, the writ petition stands disposed of. Sd/- (Goutam Bhaduri) Judge Jyoti