\ ^y^s!^&^'ssss^^s!ss^sssiss HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (sl No. 3993 of 2005 Applicant Reseondetils SB Kripa Ram Paikra S/o. Shri Sundereai Paikra, aged about 39 years, Assistant Teacher, Trible Primary School, Makundpar, District Korba, Chhattisgarh. Versus :1. The State of Chhatttsgarh, Through Secretary, School Education Department, D.K.S. Bhawan, Raipur (C.G.) 2. Director, Public Instructions, Chhattisgarh, Pension Bada, Raipur (C.G.) 3. Assistant Commissioner, Trible Development Department, Korba, District Korba (C.G.) Hon'ble Shri Satish K. Aanihotri. , Present: Mr. Manoj Dubey, Advocate for the petitioner. Mr. Sushil Dubey, Govt. Advocate for the respondents/State. ORDER (Passed on this 16th day of March, 2007) 1. The petitioner, while working as Assistant Teacher at Primar^ School, Mukundpar, was transferred to Middle School, Gitkuari, on the same terms and conditions vide impugned transfer order dated 11.9.2001 (A/4) 2. The Madhya Pradesh State Administrative Tribunal, Bench at Raipur, vide interim order dated 21.11.2001, directed to maintain status quo in regard to the position of the petitioner as was prevgjling on 10.10.2001. By virtue of the interim order, the petitioner is continuing atthe original place of posting. 3. Be that as it may, with the passage of time this petition has become infructuous, as period of transfer is not applicab'e forevsr. At this point of time there is no question to examine the validity of \ ^ I / •.^ •':-K^^-.. Amit the transfer order. However, the respondents are at liberty to pass appropriate orders keeping in view the public interest and administrative exigency, without insisUng on comptiance of the impugned transfer order. 4. It is well settled principle of law that fransfer is an incidence of service and it is for the employer to decide as to where a particular ofRcer/employee be posted keeping in view public interest as weil as administrath/e exigency. This Court has limited jurisdiction to interfere with the transfer matter and this Court can entertain judicial review oniy in the case of proved malafide, non- competence of authority passing the transfer order and transfer order not being in conformity with the rules and regulations. 5. In view of the above, this petition stands disposed of. No order as tocosts. —-——— ,Sd/- Satish K. Agmhotri Judge "\