HIGH COURT OF CHHATTISGARH AT BILA8PUR S.B. : HON'BLE MR. 8ATI8H K. AGNIHOTRI. J, WRIT PETITION (8V No. 3947 PETITIONER RESPONDENTS Mukesh Kumar Dubey 8/0 Shri L.R-Dubey Asst. Teacher, Prathmik Shala, Dholiya, Bemetara. VERSUS 1. State of ChhattisgaA tiirough the Secretary Department of Sehool Education D.K.S Bhavan Raipur (C.G.) 2. District Education Bemetara. Officer 3. Principal, Prathmik Shala Dholiya Bemetara. Present: Shri Manish Shanna, Miss Sunita Jain, Advocates for the petitioner. Shri Sushil Dubey, Ctovemment Advocate for fte State / respondents. ORDER BT (Passed on 15m March 2007) The petitioDcr, whils working as Assistart Teaeher at Goverament Prafhmik Shala, Dholiya, Bemetara, was transferred to Pratfamik Kanya Shala Chirha, on the same terms and conditions vide impugned order dated 31.08.2001 (Annexure A/l). 2. The Madhya Pradesh Administrative Tribunal at Raipur vide interim order dated 16.10.2001 directed to maitrtain status quo in regard to the position of the petitioner as wffii prevailing on 03.102001, By virtue of the interim order the petitioner is coBtiauing atthe original place ofposting. Be that as it may, with the passage of time tMs petition has become infroctuous as period of transfer is not applicable forever. At this point oftime, there is no question to examiae the validily of the transfer order. However, the respondents are at liberty to pass appropriate order keeping in view the pubtic interest and admimstrative exigency, without insisting on compliance ofthe impugned transfer order. It is well settied priaciple of law tiiat transfer is an iaeident 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 wetl as adnumstrative exigency. This Court has limited jurisdiction to interfere in the trmsfer matter and Ais Court can interfere only in the case of proved malafide, non- competence of authority passing the transfer order and transfer order not beiag in conformily with the rules and regulations. In view ofthe above, this petition stands disposed of. No order as to costs. AEJltt