j"b HIGH COURT OF CHHATTISGARH AT BILASPUR S.B. : HON'BLE MR. SATISH K. AGNIHOTRI, J. WRIT PETITION (S) No. 3926 of2005 PETITIONER RESPONDENTS Mukesh Kumar Patnaik s/o Shri Chintamani Pataaik age 36 years, Assistant Teacher, Pnmsay School Budiya, Tehsil Ghat^hoda, District Raigarh (C.G.) VERSUS 1. State of Chhattisgarh, tiu-ough - School Edueation 2. Coilector (Tribal Welfare Branch) Raigarh Post Raigarh (C.G.) None for the petitioner. Shri Sushii Dubey, Government Advoeate for the State/respondents. ORDER (Passed on 15th March 2007) 2. The petitioner, wbile working as Assistant Teacher at Primaiy Scfaool Budiya, District Raigarh, was fraasferred to High School, Bajarmuda, oa the same tenns and conditions vide unpugned "order dated 31.07.2001 (Annexure A/l), The Madfaya Pradesh Administrative Tribuoal at Raipur vide interim order dated 15,10.2001 directed to maintain status quo in regard to the position of the petitioner as was prevailing on 1» IFilSi \ 01.10.2001. By virtue of the interim order the petitioner is continuing at the original place ofposting. 3. Be that as it may, with the passage of time this petition has become infiTictuous as period of transfer is not applicable forever. At this point oftime, there is no question to examine the :valistity of the transfer order. H&wever, the respondents are at liberty to pass appropriate order keeping in view the public interest and adniinistrative exigency, without insisting on compliance ofthe impugned transfer order. 4. It is well settled principle of law tfaat transfer is sn incident of service and it is for the employer to decide ss to where a particular officer/employee be posted, keeping in view public interest as weil as adniiaistrative exigency. This Court has limited jurisdiction to interfere in the transfer matter aad this Court can interfere only in the case of proved malafide, non- competence of authorily passing the transfer order and traasfer order not being in confonnity with the niles and regulations. 5. In view ofthe above, this petition stands disposed of. No order as to costs. Amit