HIGH COURT OF CHHATTSSGARH AT BILASPUR W.P.(S^ No. 3816 of 2005 Thakur Petjtioner Versus Respondents 1. Batmukund Patel, son of Shrs Sunder La$ PateJ, Age - 40 years, Assistant Teacher, Posted s$ Govt. Middie School. Sapos, Biock- Dabhara, Distt. Janjgeer-Champa. State of Chhattisgarh. Through Secretary. School Education Department, Mantrataya, D.K.S. Bhawan, Raipur (Chhattisgarh). 2. Direcior, Public instructions Chhattisgarh, Pension Bada, Raipur (Chhattjsgarh). 3. DJstrict Education Officer, District Janjgir Champa, Chhattlsgarh. SB: Hon'bis Mr. Justice Satish K. AgnihotR, J Shri Anupam Dubey, Advocafo for tho petitionor. K4iss Sunlte! Jain, Panel tawyer for the rsspondents/State. ORDER ( Passed on this 13th day of March, 2007) The foilowjng orcier of the Court Is passed by Satish K. Agnihotri, J. 1. The petitloner whiSe working as Assistant Teacher at MicSciSe School, Sapos, BSocR- Dabhara, Djstrict- Janfgir Champa was transferred to Primary SchooS, Senduras, Block - Jayepur, on the same terms and conditions, vide impugned order dated 10.9.2001 (Annexure A/1). 2. The Madhya Pradesh Administrative TribunaS at Raipur vSde interim order dated 25.9.2001 cSJFected to maintajn status quo in regard to the position of She petltioner as was prevajiing on 18.9.2001. By virtue of the (nterim order the petlfjonsr is continujng at 8ie orlglna! place of posting. 3. Be that as St may, with the passage of time thss petition has bscome jnfructuous as period of transfer is not appHcable forever. At thjs point of time there is no question to examine the vatidity of the transfer order. Hov/ever, the respondente are at jtberty to pass appropriste orders keeping jn vJe'A' the pubiic interest and administrativs exjgsncy, wthout jnsisting on compjlance ofthe jmpusned transfer order. 4. It is ws!S settleci principSe of Saw that transfer 13 an incident of service and it is for the employer to decide as to where a particular ofTscer/smployee be posted, keeping in view public mterest as welj as admjnistrative exjgency. This Court has limited junsdiction to jntsrfere in the transfer matter and this Court can interfere onjy in the case of proved maSafide, non-competence of authority passlng the transfer order and transfsr order not being in conformity with the rules and regulatlons. 5. !n vlew of the above. thss petjtion stands djsposed of. No order as to coste. Sd/- Satish K. Agnihotri Judge