HIGH COURT OF CHHATTISGARH AT BILASPUR W.P.(S} No. 3971 of 2036 Petitioner Rohit Kumar Lacter, S/o Shri Khoobdas Lader, Aged 38 years, Assistant Teacher, Tribal Primary School, Risdt, District. Korba (C.G.) Versus Respondents 1. State of Chhattisgarh, Secretary, Education Deptt., D. K. S. Bhawan, Raipur (C.G.) 2. State of Chhattisgarti, Through Secretery, Tribale Welfare Department, 0. K. S. Bhawan, Raipur (C.G.) 3. Assistant Commissioner, Tribal Devetopment Department, Korba, Distt. Korba (C.G.) SB: Hon'ble Mr. Justice Satish K. Agnihotri, J Shri Manoj Kumar Dubey, Advocate for ttie peftioner. Shri Sushil Dubey, Govt. Advocate for fte respondents/Stats. ORDER (Passed on this 16al day of March, 2007) The follov/ing order of the Court is passed by Satish K. Agnihotri, J. 1. The pefitioner white working as Assistant Teacher at Govt. Primary School, Rishdi, DistriGt- Korba was transferred to Primary Schoot, Kolga, on the same terms and conditions, vide impugned order datedl 1.9.2001 (Annexure A/4). 2. The Madhya Pradesh Administrative Tribunat at Raipur vide interim order dated 22.11.2001 directed to maintain status quo in regard to the position of the pefiGoner as was prevailing on 6.10,2(X)1. By virtue of the interim order ffie petitioner is continuing at the original ptace of posting. 3. Be that as it may, with the passage of time this petition has become jnfructuous as period of transfer is not apptlcable forever. At this point of time there is no question to examine fte validity of the transfer order. However, the respondents are at liberiy to pass appropriate _.___. ^w ^n ordere keeping in view the public intsrest and administrathre exigency, without insisting on compliance of<he impugned fransfer order. 4. It is wel! seffled principle of law that transfer is an incident of service and it is for the employer to decide as to where a particutar officer/employee be posted, keeping in view public interest as welt as administrative exigency. This Court has Ifmited jurisdiction to interfere with the trarisfer matter and this Court can entSrtain judicial review only in the case of proved malafide, non-competence of auUiority passing the transfer order and {ransfer order not being in eonformity with the rutes and regulations. 5. In view of the above, this petition stands disposed of. No order as to costs. Amit