/^& ? HIGH COURT OF CHHATTISGARH AT BILASPUR S,B^_:- HON'BLE MR.8ATISHK. AGNIHOTRI, J. WRIT PETITION (8) No. 3987 of200S Altaf Hussain son of Shri Mustafa, Age 38 years, Assistaiit Teacher, Posted at Tribal Primaiy School, Mendrak Khurd, Block Ambika Pur, Chhattisgarh. 1. Stete of Chhattisgarh, Through Secrstary, Tribai Developmeat, Miaistry of Tribal Welfare Department, Mantralaya, D.K.S. Bhawan, Raipur (Chhattisgarh). 2. Commissioner, Tribal Development, mr. 3. Assistant Commissioner, Tribal Devslopment, Sarguja, Ambikapur, Shri Anupam Shri Sushil Dubey, Advocate for the petitioner. /, Govemment Advocate for the th (Passed on 16" Mareh 2007) 1. The petitioner, while working as Assistant Teacher at Primary Sc'aool Mendrakhurd, Ambikapur District Surguja, was transferred to Prima.ry School, Tainya, Bhaiyathan, on the same ^>-'~ "?_ 2. 3. 4. terms and conditions vide impugned order (Annexure A/I). The Madhya Pradesh Administrative Tribuaal at Raipur vide interita order dated 12.11.2001 directed to maintain status quo in regard to the nosition of the netitioner as was rirevailine on )9.10-2001. By virtue of the interim order the petitioner is continuing at the original place ofposting. as it may, with the passage of time this petition has become infiT.ictuous as period of transfer is not applicable forever. At this point oftime, there is no question to examine the validity of the transfer order. However, the respondents ars at liberty to pass appropriate order keeping in vww the public intere.st and adminiRtratjve exigency; withoirt insisting on compliance ofthe impugned traasfer order, It is well settfed principle of law that transtsr is an incident of service and it is for the eniployer to decide ss to where a partcular ofScer/empioyee be posted, keeping in view publie interest as well as administrative exigency. Tfais Court has ?n to interfere in tfae transfer matter and this Court can interfere 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. In view ofthe above, this petition stands disposed of. No order a.s to costs. Sd/- Satish K. Agnihotri Judge Asait