HIGH COURT OF CHHATTISGARH AT BILASPUR Wr^ Pstitisn (sl No. 3031 OT 2009 Applicant Versus Respondents :1. 2. 3. Pandit Ram, $9n fffShri Hol Qai, Assistant Teacher, Posted at Middle School, Pendarwa, Block Dabhara, Dist. Janjgeer-Champa (Chhattisgarh) State of Chhattisgarh, Through Secretary School Education Department Mantralaya, D.K.S. Bhavan, Raipur (Chhattisgarh). Director, Public Instructions Chhattisgarh, Psnsion Bada, Raipur. District Education Officer, District Janjgeer-Champa. SB Hon'ble Shri Satish K. Aanihotri. J. Present: Mr. Anupam Dubey, Advocate for the petitioner. Ms. Sunita Jain, Panel lawyerforthe respondents/State. ORDER (Passed on this 14th day of March, 2007) 1. The petitioner, while working as Assistant Teacher at Middte School, Pendarwa, was transferred to Primary School, Bhathora on the same terms and conditions vide impugned transfer order dated 10.9.2001 (A/1). 2. The Madhya Pradesh State Administrative Tribunal, Bench at Raipur, vide interim order dated 26.9.2001, directed to maintain status quo in regard to the position of the petitioner as was prevailing on 20.9.2001. By virtue of the interim order, the petitioner is continuing atthe 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 validity of the transfer order. However, the respondents are at liberiy to pass ^ liNKN^ appropriate orders keeping in view the public interest and administrative exigency, without insisting on compliance of the impugned transfer order. 4. It js we!! settled principle of law that transfsr is an incidence 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 well as administrative exigency. This Court has limited jurisdiction to interfere with the transfer matter and this Court can entertain judicial review only in the case of proved malafide, 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. Thakur Sd/- Satish K. Agnihotri Judge ^