HIGH COURT OF CHHATTISGARH AT BILASPUR S.B. : HON’BLE MR. SA'I‘ISH K. AGNKHOTRI, J. T PETITION Q) No. 4Q§3 of 2005 ; Smt. ‘Champa Pandey W/o Shri H.S.Pandey aged about 38 years, Assistant Teachm; CtiIlS’ Primary School, Paraswani, District — Korba (C.G.) VERSUS ‘ 1, State of Chhattisgarh, Secretary, Education Deptt. D.K.S. Bhawan, Raipur (CG) 2. State of Chhattisgarh Through Secretary, Trible Welfare Department, D.K.S. Bhawan, Raipur (C.G.) w , Assistant Commissioner, Trible Department, Korba. Distt. Korba, (C.G.) Present: Shn' Manoj Kumar Dubey, Advocate for the petitioner. > Shri Sushii Dubey, Government Advocate for the State/respondents. ’ ORDER (Passed on 15m March 2007) The petitioner, while working as Assistant Teacher at Girls Primary School, Pamswa‘ni, District Korba. was transferred to Primary School Chuihapara, Dhodhatarai, on the same terms and conditions vide impugned order dated 11,092001 (Annexare AM), WRI PETITIONER RESPONDENTS (9 2, The Madhya Pradesh Administrative Tribunal at Raipur Vida interim ordmr dated ‘1 1.122001 directed to maintain status quo in rsgaxd t0 the positien of the petitioner as was prevailing on 15,10,2001, By virtue of the interim order the petitioner is cominuing at the originai place of pesting. 3 Be that as it maya with the mssage of time this petition has become intructuous es period of transfer is not applicable forever. At this point of time, there is no question to examine the validity of the trahsfer order, However; the respondents are at liberty to pase appropriate order keeping in view the public interest and administrative exigeney, without ineisting on eornpiianee of the impugned transfer order, it is well settled principle of law that transfer is an incident of service and it is for the employer to decide as to where a particular officer/employee be posted, keeping in view public interest as weil 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 malaiide, non- competence of authority passing the transfer order and transfer order not being in conformity with the rules and regulations. In view of the above, this petition stands disposed of, No order as to costs. sw— i Satish K. Agnihotri 9 .,l ‘ Judge t Amit