BP :''3S - BBSSB '^ssw^: ''SS^iK' .c, HIGH COIIRT OFCHIiArTISGARH AT BILASNJR 8.B. ^ HON'BLE MR. 8ATISH K. AGNIHOTRJ, J. WRJT PETITION (S) No. 3976 of2005 PETITIONER RESPONDENTS Vijay Kuraar Shanna, s/o. Shri Sunder Lal Shanna Aged about 40 years, Assistant Teacher Primary School Korba Tah. And Distt. Korba (C.G.) VE'RJSUS 1. State of Chhattisgarh, Secretmy, Education Deptt. D.K.S. Blawan, wfC.G.) 2. State of Chhattisgarh Through Secretary, Tribal Welfare Departmeat, D.K.S. Bhawan, Raipur (C.G.) 3. Assistant Commissioner, Trible Department, Korba, Distt. Korba, (C.G.) Shri Manoj Kumar Diibey, Advocate for the petitioner. Shri Sushil Dubey, Government Advocate for tfae State/respondents. ORDER (Passsd on 15th March 2007) The petitioner, while working as Assistant Teacher at Oovemment Primary Scfaool, Shantinagar, Distriet Korba, was transferred to Primary School Basin, on the same terms and conditions vide impugned order dated 11.09.2001 (Annexure ,.— Ani^ 4. The Madhya Pradesh Administrative Tribuaal at Raipur vide interim order dated 22.10.2001 directed to maintain status quo in regard-to the position of the petitioner as was prevailing on 08.10.2001. By virtue of the interim order the petitioner is continuing at the original place ofposting. Be that as it may, with the passage of time tbis petition faas become infhictuous as period of transfer is not applicable forever, At this point oftime, there is no question to examine the validity of fhe transfer order. However, the respondents are at liberty to pass appropriate order keeping in view the publie interest and administrative exigency, without insisting on compiiance ofthe impugned transfer order, It is wefl settled prihciple of law that transfer is an incident of service and it is for the employer to decide as to where a particular officer/empioyee be posted, keeping in view public interest as well as admiaistrative exigency. Tlis Court has limited jurisdiction to interfere ia the transfer matter and this Court can interfere only in the case of proved malafide, non- competeace of authority passing the transfer order and traasfer order not being in conformity with the rules and regulations. In view ofthe above, this petition stands disposed of. No order as tocosts. lili{i;S8"i|^i; ^^'