" Wm med zed): 1° /q/O.) .. . by 5.1m M.Pwwa;wtv inbunan E’A/“UR. §EFQRE TH M,P. STATE ADMINISTRATIVE TRIBUNAL BENCH’RAIPUR Smt. Shanta Shivare W/O Shri R.K. Shivare Asstt. Teacher, Govt. Adarsh Purva Madhyamik Kanya Shala, Durg Distt. Durg VER$U$ State of Chhattisgarh through the Secretary Department of School APPLICANT P“L NON-APPLIQANT Education D.K.S. Bhavan Raipur (C.G.) District Education Officer Durg Principal, Govt. Adarsh Purva Madhyamik Kanya Shala, Durg ORIGINAL APPLICATION UNDER SECTION 19 OF THE M.P. TRA B CT 198 STATE o.A.No. / @jzom (O\ /'¥§“fV[5/ 1 x 13/ ‘Vw/{Dw 7L HIGH COURT OF CHHATTISGARH AT BILASPUR WP. (S) No. 3772 of 2005 Petitioner Smt. Shanta Shivare Vefsus Respondents State of Chhattisgarh & others ‘ SB: Hon'ble Mr. Justice Satish K. Agnihotri. J Shri Manish Sharma , Advocate for the petitioner. V. V. S. Murthy, Deputy Advocate Genera! with Smt. Anju Ahuja, Deputy Govt. i Advocate for the respondents/State. 0 R D E R (Passed on this 9‘" day of March. 2007) The following order of the Court is passed by Satish K. Agnihotri, J. 1. The petitioner while working as Assistant Teacher in Middle School, Durg was transferred to Middle School, Camp i. Bhilai, on the same terms and conditions, vide order dated 6.9.2001 (Annexure N1). 2. The Madhya Pradesh Administrative Tribunal at Raipur vide interim order dated 12.9.2001 directed to maintain status quo in regard to the position of the petitioner as it was prevailing on 10.9.2001. By virtue of the interim order the petitioner is continuing at the 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 applicable forever. At this point of time there is no question to examine the vaiidity of the transfer order. However, the respondents are at liberty to pass appropriate orders keeping in view the public interest and administrative exigency, without insisting on compliance of the impugned transfer order. 4. lt is weil settled principle of law that transfer is an incident of service and it is for the employer to decide as to where a particular omcer/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 malatide. 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 to costs. i ~ Sd/- 5‘ Satish K. Agnihotri i Judge Thaku: