HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition Is) No. 3814 of 2005 Applicant : Shrimati Sushma Tiwari W/o Akhilesh Ttwan, aged about 35 years, Assistant Teacher, Govt. Higher Mtddle School, Balod, District Durg C.G. Respondents Versus :1. 2. State of Chhattisgarh, through the Secretary Department of School Education D.K.S. Bhavan, Mantralaya Raipur (C.G.) District Education Officer Office of District Education Officer, District Durg C.G. SB Hon'ble Shri Satish K. Aanihotri. J. Present Mr. Y.C. Sharma, Advocate for the petitioner. Ms. Sunita Jain, Panel lawyer for the respondents/State. ORDER (Passed on this 14th day of March, 2007) 1. The petitioner, while working as Assistent Teacher at Middle School, Balod, was transferred to Middle School, Padkibhath (Balod), on the same terms and conditions vide impugned transfer orderdated 6.9.2001 (A/1). 2. The Madhya Pradesh State Administrative Tribunal, Bench at Raipur, vide interim order dated 4.10.2001, directed to maintain status quo in regard to the position of the petitioner as was prevailing on 18.9.2001. 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 validity of the transfer order. However, the respondents are at liberty to pass appropriate orders keeping in view the public interest and r— Thakur administrative exigency, without insisting on compliance of the impugned transfer order. 4. It is well settled principle of law that transfer 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 conformitywith the rules and regulations. 5. In view of the above, this petition stands disposed of. No order as to costs. Sd/- Satish K. Agnihotri Judge