ia ys^ HIGH COURT OF CHHAmSGARH AT BILASPUR W.P.fS) N<>.3965of20(» Pefittoner Smt. Manjula Pandey, W/o Shri J. P. Pandey, aged about 47 years, Assistant Teacher, Govt. Primary Schoot, Se<^on - 5, Batco, Distt. Korba (C.G.) Versus Respondents 1. State of ChhatGsgarft, Through Secretery, School Education Departgient, D. K. S. Bhawan, Raipur (C.G.) 2. Director, Public Instructions, ChhatBsgarfi, pension Bada, Rafpur (C.G.) 3. Distt. Educafion Officer, Korba, Distt, Korba (C.G.) 4. Assistant Commissioner, Tribal Development Depatrtment, Korba, Distt. Korba (C.G.) SB: Hon'ble Mr. Justice Saflsh K. Agnihotri, J Shri Manoj Kumar Dubey, Advocate for Uis pelitxmer. Shri Sushil Dubey, Govt. Advocate for the respondente/State. ORDER (Passed on this 16th day of March, 2007) The following order ofttie Court is passed by Satish K. Agmhotri, J. 1. The petitioner white working as Assistant Teacher at Govt. Primary Schoot, SecBon -5. Balco, Distrtct- Korba was transfefred to Primary Schooi, Salihabhata, on the same terms and conditions, vide impugned order datedi 1.9.2001 (Annexure A/4). 2. The Madhya Pradesh Administrative Tribunal at Raipur vide mterim orderdated 19.10.2001 <Srected to maintsin staft^s quo in regard to fte position of the petttioner as was pre^iiing on 6.10.2001. By virtue of frie interim order the peWonsr is continuins at 8ie original place of poaUhg. 3. Be that as it may. with the passage of time this petition has become inftucluous as period of transfer Is not applicabte forever. M this point of time there is no question to examine ttie vandity of the transfer Amit order. However, the respondents are at liberty to pass appropriate orders keeping in view the public interest and administrative exigency, without insisting on comptiance of the impugned transfer order. 4. It is well settled principte of law that transfer is an incident of service and it is for the employer to decide as to where a parflcular ofRcer/employee be posted, keeping in view public interest as wetl as administraUve exigency. This Court has limifed jurisdictton to interfere wifh 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 ftansfer orcter not being in conformity with the ruies and regulations. 5. In view of the above, this petition stands disposed of. No order as to Satish K. Agnihotri Judge