^5 [GH COURT OF CHHATTISGARH AT BILASPUR S.B. : - HON'BLE MR. SATISH K. ACTNIHOTRI. J. WRIT PETITION fS) No. 3988 of2005 PETITIONER Smt. Swamalata Susfama Toppo, wife of Shri Sushula Tirkey Age 35 years, A^ssistant Teacher; Primary School Gandhi Nagar, Ambika Pur District Sarguja, Chhattisgarh. 1. State of Chhattisgarh, Throu^ Secretary, Tribal Welfare Department, Ministry of Tribai Deveiopment, Mantralaya, D.K.S. Bhawan. Raipur fChhattisBarh). •r ^^- ^ 2. Commissiocer, Tribal Development, Bilaspur. 3. Assistant Commissioner, Tribal Development, Sarguja, Ambikapur. Shri Anupam Dubey, Advocatefor the petitioner Shri Sushil Dubey, Govemment Advocate for State/respondents. tfl (Passed on 15m March 2007) The petitioner, while worfcing as Assistant Teacher at Primary School Gandhi Nagar, Ambikapur, District Surguja, was transferred to Middle Scfaool, Bada Damali, on fte ssme terms andconditions vide impugned order dated05.IO.2001 (Aiinexure A/1). -—-—- - „/. 2. T6e Madhya Pradesh Administrative Tribunal at Raipur vide interim order dated 20.11 .2001 directed to maintain status quo in regard to the position of the petitioner as was prevailing on 09.10.2001. By virtue of the interim order the petitioner is continuing at the original place ofposting. 3. Be that as it may; with the passage of time this petition has become infructiious 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 are at liberty to pass appropriate order keeping in view the public interest and administrative exigency, without insisting on compliance ofthe impugned transter 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 efilcer/employee be posted, keeping in view public interest as well as administrative exigency. This Covrt has limited jurisdiction to interfere in the transter matter and this Coyrt 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 as to costs. Sd/- Satish K. Agnihotri Judge ^jnit ^f*'