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Judgment
This is the second round of litigation. The petitioner was transferred from Sector Murmunda, Block Development Dongargarh to Sector Vasadi Block Development Mohla, District Rajnandgaon, the same was challenged in WPS No.5631 of 2019, wherein this Court on 31.07.2019 has passed the following order:-
"1. Learned counsel for the petitioner submits that by impugned order dated 12.07.2019 the petitioner has been transferred from Sector Murmunda, Block Development Dongargarh to Sector Vasadi Block Development Mohla, Distt. Rajnandgaon. He submits that he has been transferred against the transfer policy, therefore, the transfer may not be given effect.
Perused the documents. Considering the transfer Policy, this writ petition is disposed of with a direction/observation that the petitioner shall be at liberty to make a detailed representation to the transfer redressal Committee within 15 days and on such representation being filed, the same shall be considered and decided within a further period of 45 days."
Learned counsel for the petitioner would submit that pursuant to the order passed in WPS No.5631 of 2019 the petitioner had filed the representation, which has been dismissed without considering the clause 1.6 of the transfer policy, which purports that the transfer should not be made from the place where there is deficiency of the employees to the place where there is excess of the employees. It is contended that with the transfer of the petitioner, the policy of the State would be defeated because the place wherein the petitioner is transferred there are already other persons working as such the employees would be in excess.
Per contra, learned State counsel would submit that as per instructions, the petitioner is transferred where one post is already vacant.
I have heard learned counsel for the parties and perused the documents. Perused the order rejecting the representation dated 01.10.2019 as also the clause 1.6 of the policy. Clause 1.6 of the transfer policy reads as under:-
"1.6 जिन पदों एवं स्थानों पर अधिकारी /कर्मचारी का आधिक्य है, ऐसे स्थानों से स्थानांतरण न्यूनता (Deficit) वाले स्थान हेतु हो। किसी भी परिस्थिति में न्यूनता (Deficit) वाले स्थान से आधिक्य वाले स्थान में स्थानांतरण नहीं किया जाएगा ताकि संतुलन बना रहे एवं कमी वाले क्षेत्रों में पदों की पूर्ति हो सके। "
Since it has been stated that one post at Block Mohla, wherein the petitioner is transferred is vacant as was evident from the documents produced by the petitioner during arguments. Therefore, it would be the prerogative of the government to place any person of their choice. The petitioner is transferred from one place to other place wherein no one is working and is vacant. The submission of the petitioner therefore is equally applicable to justify the transfer as where the petitioner is transferred, such sector is vacant. In such circumstances, it cannot be stated that the transfer is against the clause 1.6 of the transfer policy. Further the order of transfer is on the administrative ground, therefore, unless and until the transfer is tainted with malafide or illegality it being the incident of service, the same cannot be interfered.
Accordingly, the petition being devoid of merit is liable to be and is hereby dismissed.