HIGH COURT OF CHHATTISGARH AT BltASPUR Writ Petition (sl No. 3824 of2005 Petitioner : ^ Resoondents Versus :1. 2. Pooran Sjngh Bhujang, Assistant Teacher, Ravishanter Primary Schoot, Raigarh, District-Raigarh (Chhattrsgarh) State of Chhattisgarh, Through- Secretery School Education Department, Mantralaya, Raipur (C.G.) The District Education Officer, Raigarh, District-Raigarh (C.d.). SB Hon'bte Shri Satish K. Aanihofrj. J. Present: Mr. K.K. Shulda, Advocate for the petitioner. Ms. Sunita Jain, Panel lawyerforthe respondents/State. T^. ORDER (Passed on this 13th day of March, 2007) 1. The pet'rtioner, white working as Assistant Teacher in Primary School, Ravishankar, was transferrecl to Primary School, Kumhari, Sarangarh, on ttie same terms and conditions vide impugned transfer order dated 31.7.2001 (P/1). 2. The Madhya Pradesh State Adrainistrative Tribunal, Bench at Raipur, vide interim order dated 24.9.2001, direeted to maintein status quo in regard to the position of the petitioner as was prevailing on 19.9.2001. By virtue of the interim order, the petitioner is continuing atthe original place of posting. 3. B@ thsrt as it may, with the passage of time this petition has become infructuous, as period of transfer is not appHcabte forever. At this point of time tiiere is no question te> examine the wlidity of the transfer order. However. the respondents are at liberty to pass appropriate orders keeping in view the public interest and / ^ Thakur administrative eidgency, wthout insisting on compliance of the impugned transfer order. 4. It js wetl settled principle of law that transfer is an incidence of service and tt is for the employer to decideas to where a particular officer/emptoyee be posted keeping in view public interest as well as administrative exigency. This Court has liraited jurisdiction to jnterfere with the transfer matter and this Court c^n entertain judjcial review only in the case of proved malafide, non- competence of authority passing the transfer order and transfer order not being in confbrmttywith the rules and regulations. 5. In view of theabove, this petition stands disposed of. No order as to costs. ____ Sd/- SatishK.Agnihotrl Judge /