HIGH COURT OF CHHATTISGARH AT BILASPUR 8.B. : HON'BLE MR. SATISH K. AGN1HOTM, J. WMT PETITION (S) Np, 39S8 of20OT : Narsingh das Vaishaav S/o Tulsidas Vaishnav Astt. Teacher, P.S. Jatari, B/o Lailunga Distt.- Raigarh (C,G.) VERSUS 1. Secretary, through School Education deptt. D.K.Bhavan, Raipur (C.G.). 2. Collector, through Sc/St and Welfare deptt. Raigarh (c.g) Present None for tfae petitioner. Shri Sushil Dubey, Govemmeiit Advocate for the State/respondents. ORDER (Passed on 15th March 2007) 1. The petitioner, while working as Assistant Teacher at Primary School Jatra, District Raigarh, was transferred to Primary School Tangarjhor on the same terms and conditions vide impugned order dated 31.07.2001 (Annexure A/l). 2. The Madhya Pradesh Administrative Tribunal at Raipur vide interim order dated 17.10.2001 directed to maintain status quo in regard to the position of the petitioner as was prevailing on 05.10,2001. By virtue of fhe 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 infructuous as period of transfer is not applicable forever. At this point oftime, there is ao question to examine the validity of the transfer order. However, the respondents are at liberty to pass appropriate order keeping ia view Ihe public mterest and administrative exigency, without msisting on compliance ofthe impugned transfer order, 4. 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 ofBcer/employee be posted, keeping in vfew pubtic interest as well as administrative exigency. This Court has limited jurisdiction to interfere in the transfer matter and this Court can interfere only in tbe case of proved maiafide, non- competence of authority passing the trmsfer order and transfer order not being io confonnity witfa the rules and regulations, 5. In view ofthe above, this petition stands disposed of. No order as to costs. Sd/- Satish K. Agnihotri Judge Amit