PETITIONER in RESPONDENTS .o‘“ 1 . o 1 .. ’IN THE HIGH €OURT OF JUDICATURE AT BILASPUR (C.G.) WRIT PETITION No~3603 [2004 Citfasen Sahu S/o ShoukilaLSahu Aged About 45 years, Helper, P.H.E. Department, Block Raigarh, R/o. South Chakradhar Nagar, Near Poultry Farm, Raigarh (C.G.) VERSUS Executive Engineer, Public Health Engineering Department, Bilaspur (C.G.). Assistant Engineer Public Health Department, Block Raigarh (C.G.). State ofrictbbaf/i; nigh ThrOUgh I- Secretary, Public Health, Engineering Department, Raipur (C.G.). WRIT PETITION UNDER ARTICLE 226(2277 OF THE ‘ CONSTITUTION OF INDIA FOR ISSUE OF AN APPROPRIATE WRIT IN NATURE OF MANDUMUS/ CERTIORARY ETC OR DIRECTIONL ORDER IN THE LIKE NATURE ETC. / HIGH COURT OF CHHATTISGARH AT BILASEUR WP. No. 3608 of 2004 Petitioner Citrasen Sahu Veraus Respondents Executive Engineer & others SB: Hon'ble Mr. Justice Satish K. Agnihotri. J Shri Neelkanth Maiviya, Advocate for the petitioner. Miss Deepali Pandey, Panel Lawyer for the respondents. ORDER (Passed on this 26f“ day of February, 2007) The following order of the Court is passed by Satish K. Agnihotri, J. . The petitioner while working as Helper in the Public Health and Enginering Department at Raigarh was transferred to Bilaspur by releasing hi3 attachment. on the same terms and conditions vide impugned transfer order dated 28.8.2004 (Annexure P/1). . This Court vide interim order dated 21.10.2004 granted stay of the impugned order, till the next date of heating. By virtue of the interim order the petitioner must have continued on the same piece of posting. Be that as it may, with the passage of time this petition has become infructuous as period of transfer is not applicable forever. At this point of time there is no question to examine the validity of the transfer order. However, the respondents are at iiberty to pass appropriate orders keeping in View the public interest and administrative exigency, without insisting on compiiance of the impuned ttarisfer order. . it is well settied principle of iaw that transfer is an incident of service and it is for the employer to decide as to where a particular ofhcer/employee be posted keeping in view public interest as well as administrative exigency. This Court‘has limited jurisdiction to interfere in the transfer matter and this Court can interfere only in the case of proved mai’afide, non-competence of authority passing the transfer order and transfer order not being in conformity with the rules and regulations. . ln view of the above. this petition stands disposed of. No order as to 7 l Sau'sh K. Agnihou‘i Judge ()A Thakur costs; ; sci/—