HIGH COURT OF CHHATTISGARH AT BILASPUR S.B. : HON'BLE MK. SATISH K. AGNIHOTM, J. WRIT PETITION (S) No. 3968 of2005 PETITIONER RESPONDENTS Moban Lal Dewangan s/'o Shri Takeiam Dewaagan, aged 38 years, Assistant Teacher, Govt. Primary School, Pump House, Korba- Distt. VERSU8 1. State of Chbattisgarfa, Through Secretary, School Edueation Department D.K.8, Bhawim, Raipur 2. Director, Public Instroctioas, CUiattisgarh, Pension Bada, Raipur (C.G.) 3. Distt. Education Officer, Korba, t. Korba (C.G.) 4. Assistant Commissioner, Tribal Development Department, Korba, Distt.Korba(C.O) Present: Shri Manoj Kumar Dubey, Advocate for the petitioner. Shri Sushil Dubey, Govemment Advoeate for tfae ORDER (Passed on 15th March 2007) The petitioner, while working as Assistant Teacher at Govemment Primary School, Pump House, District Korfea, was tranisferred to Middle School, Basaun, on the same terms and 2 conditions vide impugned order dated 11.09.2001 (Annexure A/4). at Raipw vide status quo m prevailmg on petrtioner fe The Madhya Pradesh Administrative Tribunal interim order dated 19.10.2001 directed to regard to the position of the petitioner as was 06.10.2001. By virtue of the interim order continuing atthe original place ofposting. Be tfaat as it may; with the passage of time this petitioa has become iafructuovs as period of transfer is not applicable forever. At this point oftime, there is no question to examiae the validity of the transfer order. However, the respondents are at liberty to pass appropriate order keeping in view the public interest and administrative exigency, without insisting on compliance ofthe impugned traasfer order. It is weB settled principle of law that transfer is an incident of service and it is for the employer to decide as to where a particular ofBcer/employee be posted, keepiag in view public interest as well as administrative exigency. This Court has iitnited jurisdwtion to interfere in the transfer mattCT and this Court can interfere only in tfae case of proved malafide, non- eompetence of autfaority passing the transfer order and transfer order not being in conformity wfth the roles and regulations. In view ofthe above, this petition sftends disposed of. No order as to costs. Sd/- Satish K. Agnihotri Judge Amit