HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (sl No. 3915 of 2005 Applicant Versus Respondents :1. 2. 3. B.L. Bairagi S/o Deenbandhu Das Bairagi, aged about 37 years, Occupation Assistant Teacher, posted at Middle School Pakargaon, Block Lailunga district Raigarh State ofChhattisgarh, through the Secretary Department of Aadim J&i Anusuchit Jati Pichhara Varg and Alpsankhyak Kalyan Vibhag, D.K. Building Raipur Commissioner, Adim Jati Anusuchit Jati Pichhara Varg and Alp-sankhyak Kalyan Vibhag, Raipur. Collector Raigarh, District Raigarh SB Hon'ble Shri Satish K. AanihotrL Present: Mr. Awadh Tripathi, Advocate for the petitioner. Mr. Sushil Dubey, Govt. Advocate for the respondents/State. ORDER (Passed on this 16th day of March, 2007) 1. The petitioner, while working as Assistant Teacher at Middie School, Pakargaon, Block Lailunga, was transferred to Middle School, Bakurra, on the same terms and conditions vide impugned transfer order dated 31.7.2001 (A/6). 2. The Madhya Pradesh State Administrative Tribunal, Bench at Raipur, vide interim order dated 31.12.2001, directed to maintain status quo in regard to the position of the petitioner as was prevailing on 1.10.2001. By virtue of the interim order, the petitioner is continuing atthe original place of posting. 3. Be that as it may, with the passage of time this petition has becoms infructuous, as period of transfer is not applicable forever. At this point of time there is no question to examine the validity of the transfer order. However, the respondents are at liberty to pass appropriate orders keeping in view the public interest and w Amit administrative exigency, without insisting on compliance of the impugned transfer order. 4. It is well settled principle of law that transfer is an incidence of sen/ice and it is for the employer to decide as to where a particular officer/employee be posted keeping in view public interest as weil as administrative exigency. This Court has limited jurisdiction to interfere wtth the transfer matter and this Court can entertain judicial review only in the case of proved malafide, non- competence of authority passing the transfer order and transfer order not being in conformity with the rules and regulations. 5. !n view of the above, this petition stands disposed of. No order as to costs. -— ——— Sd/- Satish K. Agnihotri Judge