Present :- Shri N.N. Roy, counsel forthe petitioner. Shri Ashutosh Pandey, Panel Lawyer for the State. ORAL ORDER (Passedonthis15thdayofJuly,2014) With the consent of learned counsel appearing for the parties, the petitionisheardfinally. 2'. Learned counsel for the petitioner would submit that the petitioner is working as Staff Nurse, District Hospital, Dhamtari. By the 'District impugned order she has been transferred to Hospital, Kondgaon. The impugned order of transfer would uproot the family ofthe petitioner, as the husband of the petitioner is working at Dhamtari. Learned counsel for the State would oppose the prayer made in the writ petition. 4. The petitioner has not challenged the impugned order on any permissible legal ground-Le. violation of any statutory rules or regulations or lack of competence of the officer passing the impugned order or proved mala fide on cogent reasons. 5. lt is a trite law that transfer/posting is an incidence of service; The Court should not interfere with the tranSfer/posting order unless there is malice, infringement of statutory rules and regulations. The employee may be posted anywhere at the instance of the employer in public interest and administrative exigency. Further, it is for the Government to post another person if any vacancy arises on account of transfer/posting of an employee. (See EJP.Royappa
