HIGH COURT OF CHHATTISGARH AT BILASI’UR S.B. : HON’BLE MR. SATISI-I K. AGNIHOTRL J. WRIT PETITION (gLNuggoaspf 2095, Fakir Ram Khunte, Son of Shri K.R.Khunte, Age 54 years, As3istant TQachgr; Postgd at. Plimary School; Mudapara, Patthaigaon, District JaShpur; Chhattisgarh VERSUS v RESPONDENTS : 1. State of‘ Chhatti$garh, Thmugh Secretary, School Education Department, Mantralaya, D.K.S. Bhawan, Raipur, Chhattisgarh. . Director, Public Instructions, Pension Bada, Raipur, Chhattisgarh. _ 3. District Education Offwor, District Jashpur (C.G.)‘ PETITIONER Present: Shri Anupam Dubey, Advocate for the petitioner. Smt. Anju ‘Ahuja, Deputy Government Advocate for the State/respondents: ‘ ORDER (Péssed on 19m Marcii 2007) The petitioner, while working as Assistant Teacher at Plimary Schoola Mudapara, Patthalgaon, District Jashpun was transferred to Middle School Rajkot, Block Dharmjaigarh, District Raigarh, on the Same terms and conditions vide impugned order dated 29.092001 (Annexure A/l). ’Tha Madhya Pradesh Administrative Tribunal at Raipur vide interim order damd 21.1 1 .2001 directcd to maintain status quo in regard to the pasition of tha petitioner as was prevailing on 11.10.2001, By virtue of the inten'm order the petitioner is continuing at the originai place of posting. Be that as, it may, with the passage of time this petition has become infmctuous 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, Howevera the respondents are at. liberty to pase appropriate order keeping in view the public intereet and administrative exigency, without insisting on compliance of the impugned transfer order, It is well settled principle of law that transfer is an incident 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 in the transfer matter and this Court can interfere only in the case of proved malafide, non- oompetence of authority passing the transfer order and transfer order not being in conformity with the rules and regulations, In View ofthe above, this petition stands disposed of. No order as to costs. I‘“ Sd/- u Satish K. Agnihotri Judge ‘y ii ‘Nr