HIGH COURT OF CHHATTISGARH AT BlLASl’UR HON BLE MR. SA FISH K. AGNIHOTRI J WRIT PETITION LSANo. 4011 0f 20% KrishnavKumar Mamk son 0f Shri Bankim Chandra Mallik resident of village Sargawa; BO, Sakalo Distrim Surguia C G Assistant Teacher posted at Pnmary Schosi Amapara Block Surajpur Dxsmct Surguja C G VERbUs PETITIONER RESPONDENTS Qtate of Chhattisgarh through Scrtary, Sceled Caste Schedued Trib akward Class, inori Wefare epartmen, Mty l Dt Mralaya, D,S, Baan, Raipur G i ee hdu , l e? Bc ant .K hw C ,Colctor, Triba evelopment Depaxtment Minoty District Surguja G, , ssistant Commisn, Tral Deveiopnt Surguja Ambikapur. Fresent: None appears/for the petitioner Smt Amu Ahuya Depuw Government Advocate tor the Statefrespondents ORDER (Passed on 19m March 200?) Te petitioner, while working a5 Assistant Teacher at Primary School Amapara, Block Surajpur, District Surguja, Was transferred to Primary School Khutapara, Development Block Bhaiyatlian, on the same terms and conditions vide impugned order dated O5"10.2001 (Annexure A/l ). le l D ri (1 A sioer ib me h 27% The Madhya Pradesh Administrative Tribunal at Raipur Vide interim order dated 20.1 1 52,001 directad to maintain statu$ quo in wgard to the position of the petitioner as was pmvailing on 11,10,2001. By virtue of tho intetim order the petitioner is continuing at the original place ofposting, Be that a5 it may, with the passage of time this petition has become infruetuous as period of transfer is not applicable forever. At this point of timethere is no question to examine the validity of the transfer order: Howevera the resoondents are at liberty to oassappropriate order keeping in view the pubiic interest and administrative exigency, without insisting on compliance of the impugned transfer order. It is weil settled principle of law that transfer is an incident of service anti it is for the employer to decide as to where a partioular officer/employee be posted, keeping in View public interest as well as administrative exigeney. This Court has limited jurisdiction to interfere in the transfer matter and this Court can interfere only in the case of proved malaiidei non- eompetenee of authority passing the transfer order and transfer order not being in conformity with the rules and regulations. In View ofthe above, this petition stands disposed of. No order as to costs. ‘UI t»; Sd/- J Satjsh K. Agnihotri 1 ii i VL ‘ r Judge Amit ' i