'.^' HIGH COURT OF CHHAmSGAKH AT BIIA8PUR S.B. : HON'BLE MR. SATISH K. AGNIHOTRJ. J. WMT PETITION (8) No. 3991 of 2005 8 Teejao Ram Sonkar Assistant Teacher, Primaiy School Borgaon, Doadi, Block Dondi, Tafa. Balod, Distt. DURG. (C.G.) I. State of Chfaattisgarh, Throggh The Secretary, School Education, Dqiartment Tribal Welfare Branch Raipur. 2. Assistt. Commissioner, Triba! Welfare, Durg. Present: Shri A.K.Jha, Advocate tbr the petitioner. Shri Sushil Dubey, Govemment Advocate for the State/respondents. ORDER (Passed on 16U1 Mareh 2007) I. The petitioner, while working as Assistant Teacher at Middle School Borgaon, Block - Dondi, District Durg, was transferred to Primary School, Chiharo; on the same terms and conditions vide flnpugned order dated 01.08,2001 (Annexure A/l). Tw interim order dated 13.12.2001 regard to tbe nosition of the rribunal at Raipur vide to maintain status quo in as was prevading on ^•n *• f/y 09.10,2001. By virtue of the interim order the continuing at the original place ofposting. petrtioner is 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 no questioa to examine tbe valjdity of the transfer order, However; the respondents are at liberty to pass appropriate order keeping in view the public interest and administrative exigency, without insisting on compliance ofthe impugned transfer order. 4. It is wel! settled principle of law tfaat transfer is an incident of service and it is for the employer to decide as to wh®rea particular officer/employee be posted, keeping in view public interest as well as administrative exigency. This Court has limited jurisdiction to interfere in the transfer matter and this Court can interfere only in the casc of proved malafide, non- competenee of authority passing the transter order and transfer order not being in confonnity with the rules and regulations. 5. In view ofthe above, this petition stands disposed of. No order as to costs. Sd/- ' Satish K. Agnihotri Judge Anut