'?1/' 6-^ a-iv^a. IN THE MADHYA PRADESH STATE ADMEMSTRATIVE TMBUNM, JABALPUR O.A.NO. ^ ^^ /2002 APPLICANT i Heera Sai, S/o Devnath Sai, Caste Kanwar, Posted As AccountaKnt, in the office District Eudation Officer Jaspumagar, R/o Posga, Ppst Lakhanpur, District Sarguja, (C.G.) VERSUS RESPONDENTS :1. t.< ^ ^r 2. 3. State ofChhatisgarh, through the Chief Secretary School Education Departm^nt Dev Kalyan Singh Bhawan, Raipur. District Education Officer, Jaspur Nagqr. Shri Tribhuvan Shah, Accountant Officer of the project Officer Anapchari Ketar Shankargarh Ambikapur APPLICATION UNDER SECTION 19 OF THE ADMD^I^TRATIVE TRJBUNALS ACT 1985 L_____.. ^^- / HIGH COURT OF CHHATTISGARH AT BILASPUR S1NGLE BENCH : HON'BLE MR. SATISH K. AGNIHOTRI. J. WRIT PETITION (S) N0. 2181 OF 2005 Petitioner : Heera Sai Versus Respondents : State of Chhattisgarh and others Present : None appears for the petitioner. Mr. V.V.S. Moorthy, Deputy Advocate General with Mrs. Anju Ahuja, Deputy Govemment Advocate for the State. ORDER (Passed on 9th Dayof March, 2007) The petitioner, while working as Accountant in the office of District Education Officer, Jashpur Nagar was transferred to Project Officer, Aupchariketer Education Center, Shankargarh, District- Ambikapur on the same terms and conditions, vide impugned transfer order dated 23-9-2002 (Annexure A-1). 2. The Madhya Pradesh Administratjve Tribunal, Jabatpur, vide interim order dated 31-10-2(X)2, granted stay of the impugned transfer order dated 23-9-2002 (Annexure A-1). 3. Be that as it may, with the passage of time, this petition has become infructuous as period of transfer js not appSicable forever. At this point of time, there is no question to examine the validity of the impugned transfer order. However, the respondents are at liberfy to pass appropriate ordere keeping in view the public jnterest and administrative exigency, without insisting on eomptiance of the impugned transfer order. 4. It is well settled principle of law that transfer js an incident of service and it is for the employer to decided as to where a particular officer/employee be posted keeping in view public interest as well as ^.^y.ip.;..,^-^".^ ..,.:.-., / administrative exigency. This Court has limited jurisdiction to interfere in the transfer matter and this Court can interfere only in the case of proved mala fide, 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 order astocosts. Sd/- Satish K. Agnihotri Judge Subhash