JUDGMENT 1. - This Special Appeal has been filed under Section 18, Rajasthan High Court Ordinance, 1948 against the order of the learned Single Judge dated January 19, 1993 by which he has dismissed the writ petition seeking quashing of the transfer order dated July 25, 1992 (Annexure 1). The facts of the case giving rise to this appeal may be summarised thus. 2. The petitioner appellant is a Lower Division Clerk of the Collectorate, Jodhpur. By order dated July 25, 1992 (Annx. 1) he was transferred from General Section, Collectorate, Jodhpur to Tehsil, Shergarh (Jodhpur) by the Collector, Jodhpur (respondent No. 2). Writ Petition No. 5013/92 was filed challenging this order. After hearing the learned counsel for the parties, the writ petition was disposed of with the observation that the petitioner is given another opportunity to appear before the Medical Board and thereafter the Collector, Jodhpur will review the matter. In compliance thereof, the Medical Board consisting of four members examined the petitioner and gave their report dated December 2, 1992 (Anx. 57) stating that the petitioner is suffering from moderate to severe bronchial asthma and his treatment is possible at equipped centre. Thereon, the Collector, Jodhpur passed order dated December 25, 1992 (Anx. 58) directing the petitioner to comply with the transfer order Annexure 1 mentioning that Government Community Health Centre, Shergarh is an equipped centre for bronchial asthma patients. Thereafter, this writ petition has been filed. 3. It has been contended by the learned counsel for the appellant that this court specifically directed by its order dated November 24, 1992 (Anx 1A) that the Medical Board shall also give its opinion whether the petitioner's stay at Jodhpur is essential for the purpose of his proper treatment and despite it the Board did not report so and simply mentioned that the petitioner's treatment is possible at equipped centre. He further contended that the Collector has no jurisdiction to say that there is equipped centre at Shergarh where the petitioner can be treated for his illness. He also contended that in reply to his letter, the Superintendent, Associated Group of Hospitals, Jodhpur has intimated him that moderate severe status Asthama patient which is unresponsive to drugs requires ventilatory therapy and this therapy is only available at M.G. Hospital, Jodhpur in Jodhpur district.
He also contended that in reply to his letter, the Superintendent, Associated Group of Hospitals, Jodhpur has intimated him that moderate severe status Asthama patient which is unresponsive to drugs requires ventilatory therapy and this therapy is only available at M.G. Hospital, Jodhpur in Jodhpur district. He further contended that the appellant is economically very unsound person, he was promoted from Class IV to Class III, his family consist of old parents, three sons and two daughters, his wife is a mental patient and if he is transferred to Shergarh he would not be able to look after them from Shergarh. He also contended that there is heavy dust at Shergarh which is very injurious to the petitioner. He lastly contended that the transfer order Annexure 1 is bad on account of mala fides on the part of the respondent No. 2, it has not been passed in the interest of State and without prior intimation. 4. The learned Additional Advocate General duly supported the order under challenge. He contended that in reply to the letter of the Collector, Jodhpur the Chief Medical and Health Officer, Jodhpur sent the list of the equipped centres where Asthma patients can well be treated and Primary Health Centre, Shergarh is also an equipped centre, it also has many other facilities including an Ambulance for shifting the patient from Shergarh to Jodhpur. He further contended that transfer is an incident of service and a Government servant has no right to continue at once station. 5. There is no substance in the special appeal. The Medial Board clearly stated in its report dated December 2, 1992 (Anx. 57) that Allanoor (petitioner-appellant) was examined by the members of the Board, he is suffering from moderate to severe bronchial asthma and his treatment is possible at equipped centre. Letter No. F.1/1/Est/Misc./92/5816 dated December 10, 1992 was written by the Collector, Jodhpur (respondent No.2 ) to the Chief Medical and Health Officer, Jodhpur to intimate the places where the equipped centre for treatment of asthma patients are existing in Jodhpur district. Letter No. CB/Misc./92/14657 dated December 11, 1992 was written in reply mentioning the places where said equipped centres are available. It includes Primary Health Centre, Shergarh. It also mention that there is Ambulance in the centre for shifting a patient from Shergarh to Jodhpur. Letter No. Spl.
Letter No. CB/Misc./92/14657 dated December 11, 1992 was written in reply mentioning the places where said equipped centres are available. It includes Primary Health Centre, Shergarh. It also mention that there is Ambulance in the centre for shifting a patient from Shergarh to Jodhpur. Letter No. Spl. 1 dated December 11, 1992 of the Medical Officer Incharge, Primary Health Centre, Shergarh addressed to the Chief Medical and Health Officer, Jodhpur runs as under : mijksDr dze esa fuosnu gS fd O;ogkfjd rkSj ij jkstejkZ esa vLFkek lsa ihfM+r ejht dks Brocho dilator o cought syrup ij j[kk tkrk gS A ij vLFkek ds Acute attach esa vkDlhtu] Brocho dilator o antibiotics Steroides dh vko';drk gksrh gS A ;s lkjh lqfo/kk;sa lsjx<+ vLirky fdlh Hkh izdkj dh emergency (Asthama) ls lacaf/kr dks treat djus esa l{ke gS A 6. Reliance has also been placed on the letter No. MG/JU/93/2700 dated February 11, 1993 of the Superintendent, Associated Group of Hospitals, Jodhpur by the learned counsel for the appellant. It runs as under:- ''To, Shri D.R. Bhandari, Advocate. Rajasthan High Court, JODHPUR Dear Sir, Moderate Severe Status Asthma patients which is unresponsive to drugs requires ventilatory therapy. This therapy is only available at M.G. Hospital Jodhpur in Jodhpur District. Yours faithfully, Sd/- Superintendent, Associated Group of Hospitals, Jodhpur.'' This deals with the patients which are not responding to drugs and require ventilatory therapy. Such a case has not been put forwarded by the appellant in his writ petition. The Primary Health Centre, Shergarh has an Ambulance and the patient can be shifted in the Ambulance from Shergarh to Jodhpur in case of such an emergency. 7. There is no force in other contentions of the learned counsel for the petitioner-appellant. Transfer is an incident of service. No Government servant has a legal right to continue to remain at one station. Transfer is necessary in public interest and efficiency in the public administration. The petitioner has utterly failed to prove malafides on the part of the respondent No. 2. It is very easy to allege malafides but it is very difficult to prove it. It has been observed in Mrs.
Transfer is necessary in public interest and efficiency in the public administration. The petitioner has utterly failed to prove malafides on the part of the respondent No. 2. It is very easy to allege malafides but it is very difficult to prove it. It has been observed in Mrs. Shilpi Bose v. State of Bihar, 1993(3) SCT 564(SC) : AIR 1991 Supreme Court 532 para 4, as follows:- ''In our opinion, the courts should not interfere with a transfer order which are made in public interest and for administrative reasons unless the transfer orders are made in violation of any mandatory statutory rule or on the ground of mala fide. A Government servant holding a transferable post has no vested right to remain posted at one place or the other, he is liable to be transferred from one place to the other. Transfer orders issued by the competent authority do not violate any of his legal rights. Even if a transfer order is passed in violation of executive instructions or orders, the Courts ordinarily should not interferer with the order instead affected party should approach the higher authorities in the Department. If the courts continue to interfere with day-to-day transfer orders issued by the Government and its subordinate authorities, there will be complete chaos in the Administration which would not conducive to public interest. The High Court overlooked these aspects in interfering with the transfer orders.'' Thus there is no force in the special appeal. 8. Accordingly, the Special Appeal is dismissed. No order as to costs. *******