^ HIGH COURT OF CHHATTI8GAKH AT BILASPVR S.B. : HON'BLE MR. SATI8H K. AGNIHOTRI. J. WMT PETITION f8) No. 3952 of2005 PETITIONER RESPONDENTS Peter Toppo, Soa of Shri Jwafeira Toppo, age 35 years, Assistant Teacher, Posted at Primary School Kapu, Education Sistriet, Dharamjaigarh, District Raigarh. VERSUS 1. State of Chhattisgarh, TTirough Secretary, School Education Dspartment, Mantralaya, D.K.S. Bhawan, Raipur, Cfahattisgarh. 2. Director, Public Instnictions, Pension Bada, Raipur (Chhatrisgarh). 3. District Education Officer, Education District Dharamjaigarii, District Raigarh (Chhattisgarh). Present: Shri Anupam Etobey, Advocate for the petitioner. Shri Sushil Dubey, Govemment Advocate for the State/respondents. ORDER (Passed on l51h March 2W7) The petitioner, while working as Assistant Jeaober at Primary School Kapu, Education District Dharamjaigarh, District Raigarh, was transferred to Primary Sehool Ruaphool, Dharamjaigarh, on the same tenns and conditions vide impugnal orderdated 31.07.2001 (AnnexureA/1). ^E" rYh •L^ \. 2. The Madhya Pradesh Administrative Tribunal at Raipw vide interim order dated 17.10.2001 directed to maintara status quo in regard to the position of the petitioner as was prevailing OH 04.105001. By virtue of the interim order the petitioner is continuing at the original place ofposting. 3, Be thal as it may, with the passage of time this petition 1a»s become infructuous as period of transfer is not applieabl^ forever. At this point oftime, there is no question to examine the validity of the transfer order. However, the respondeats an at liberty to pass appropriate order keeping in view the pttblic interest and administratwe exigency, without insistiag 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 tfae employer to decide as to where a particular ofilcer/employee be posted, keeping in view public interesrt as well as administrative exigency. This Coart has limited jurisdietion to interfere in the transfer matter and fhis Court can interfere only in tbe case of proved malaflde, non- competence of authority passing the transfer order and transfer order sot being in conformity with the rules and regulations. 5. Ia view ofthe above, this petition stands disposed of. No order as to costs. Sd/- Satish K. Agnihotri Judge Amit