^I:': Wji3^!^ss'ss~y^ HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (sl No. 3951 of2005 Applicant : Vijay Kumar Sharma S/o Shri Baldau Prasad Sharma, aged about 44 years, Assistant Teacher, Govt. Middle School, Ghurru, District-Bilaspur. (C.G.) Respondents Versus :1. TheStateofChhattisgarh, Through Secretary, School Education Department, D.K.S. Bhawan, Raipur (C.G.) 2. Director, Public Instruction Chhattisgarh, Pension Bada, Raipur (C.G.) 3. District Education Officer, Bilaspur, District- Bilaspur, (C.G.) Hon'ble Shri Satish K. Aariihofri, . Present: Mr. Manoj Dubey, Advocate for the petitioner. Mr. Sushi! Dubey, Govt. Advocate forthe respondents/State. ORDER (Passed on this 1 eth day of March, 2007) 1. The petitioner, while working as Assistant Teacher at Middle School, Gharru, was transferred to Middie Schooi, Gunsari, on the same terms and conditions vide impugned transfer order dated 3.9.2001 (A/4) 2. The Madhya Pradesh State Administrative Tribunal, Bench at Raipur, vide interim order dated 17.10.2001, directed to maintain status quo in regard to the position of the petitioner as was prevailing on 4.10.2001. 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 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 weli as administrative exigency. This Court has limited jurisdiction to interfere with the transfer matter and this Court can entertain judiciat 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 rutes and regulations. 5. In view of the above, this petition stands disposed of. No order as to costs. Amit Sd/- Satish K. Agnihotri Judge