HIGH COS??? CF C,A ?:SG7%‘RH AT BILASPUR WP. Na 57m $mt. Tara Dhruw Versus Rapundents State of Chhattisgarh & others SB: Hon'ble Mr. Justice Sa‘ish K. Agnihotri, J Petmoner Shri Roop Naik, Advocate ior the petitioner. Miss Deepati Pandey, Pane! Lawyer for the respondents. 0 R D E R r (Passed on this 26‘“ day or February, 2007) The following order of the Court is passed by satish K. Agnihotri, J. 1. The petitioner while working as Assistant Teacher in Primary School. Turideeh, Jhaiap‘ District — Mahasamund was transferred to Amiipaii, Sarangarh‘ Raigarh on the same terms and conditions vide impugned transfer order dated 15.2.2005 (Annexure P/1). . This Court vide interim order dated 22.3.2005 directed for maintaining of the status quo if the petitioner was not relieved, riii the next date of hearing. 3. Be that as it may. with the passage of time this petition has become infructuous as period of transfer is not applimble forever. At this point of time there is no question to examine the vaiidity of the transfer order. However, the respondents are at Iiberty to pass appropriate orders keeping in View the pubtic interest and administrative exigency. without insisting on compliance of the impugned transfer order. 4. it is well settled principle of law that transfer is an incident of service l .v‘ " r \ and it is for the employer to decide as to where a 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 case of proved malafrde,_non—competence of authority passing the transfer order and transfer order not being in conformity with the rules and regulations. 5. in view of the above, this petition stands disposed of. No was to costs. .. i//’ ¥ Sdl— Thakur K. Agniho‘r‘k' :Sa‘is" Judge