WM HIGH COURT OF CHHATTISGARH AT BILASPUR :H W WRIT PETITION gs; 1m. 4009 or2mg ?ETITIONER RESPONDENTS Present: Shri Anupam Dubeyg Advccate for the pgtitimer. Smt. Anju Ahuja, Deputy Government Advocate for the Stam/rgspondents, §¥’\ O’BLE MR. SATISH K. AGNIHOTRI J. N Chandro Ram Bshra 501: 0f Shri Kartika Ram Behra, Age 45 years, Assistant Teachers Post¢d at Primary School Budhadand, Block ¥atthaigaon§ District Jashpur, VERSUS :1. State of Chhattisgarh, Through Secretary, Schoel Education Department, Mantralayég D"K.S. Bhawan, Raipur, Chhattisgarh. 2.. Director, Public Instruetirmgr Raipur, Chhattisgarh. . District Education Offmer, Diatrict Jashpur (C.G.) The pelititmor, while working as Assistant Teacher at Primary School, Budhadand, Block Patthagaon, District Jashpur, was transferred to Middle School Sajapalj, Block Dharmjaigarh, Dietrict Raigarh, on the same terms and conditions vid impugned order dated 29.09.2001 (Annexure A/l. ORDER Passed on l9‘“ March 20 Jl / . )// ( 07) e £9 The Madhya Pradesh Administrative Tribunal at Raipur vide intenTm ordtar dated 21,1 1 ,2001 dircctad to maintain status quo. in regaxd to the position of ths patitioner as was prevailing on 11.10.2001. By virtuc of the interim ord¢r the petitioner is continuing at the original placo of posting. Be that as it may, with the passage of time this petition has become inmcmotis as period of transfer is not applicable forever, At this point of time§ there is no question to examine the validity of the tramfer order. However; the re$pondents are at liberty to pass appropriate order keeping in View the public interest and administrative exigency, without insisting o compliance of the impugned transfer order, "u it is well settled principle of law that transfer is an incident of service and it is for the employer to deeitie as to where a particular ohicer/employee be posted, keeping in View public interest as weil as administrative ,exigenoy" This Court has limited jurisdiction to interfere in the transfer matter and this Court can interfere only in the case of proved malafide, non- eompetenee of authority passing the transfer order and transfer order not being in conformity—with the rules and regulations. In View of the above, this petition stands disposed of No order as to costs. ’r" sw- i Satish K.Agnihotri . 7 Judge Ll. n