(:• HIGH COURT OF CHHATTtSGARH AT BILASPUR Writ Petition (sl No. 3995 of 2005 Applicant : Shiv Kumar Dubey, Assistant Teacher, Presently posted at Middle School Khaliba, Block Ambikapur, District Sarguja, Chhattisgarh. Vereus Respondents :1. 2. 3. State of Chhattisgarh, Through Secretary, Tribal Development, Ministry of Tribal Welfare Department, Manfraiaya, D.K.S. Bhawan, Raipur (Chhattisgarh) Commissioner, Tribal Development, Division Bilaspur, Assistant Commissioner, Tribal Development, Sarguja, Ambikapur (Chhattisgarh) SB Hon'ble Shri Satish K. Aanihotri,. Present: Mr. Anupam Dubey, Advocate for the petitioner. Mr. Sushil Dubey, Govt. Advocate for the respondents/Stete. ORDER (Passed on this 16 day of IWarch, 2007) 1. The petitioner, while working as Assistant Teacher at Middle School, Khaliba (Ambikapur), was transferred to Middle School, Devri (Lundra), on the same terms and conditions vide impugned transfer order dated 5.10.2001 (A/1). 2. The Madhya Pradesh State Administrative Tribunal, Bench at Raipur, vide interim order dated 21.11.2001, directed to malntain status quo in regard to the position of the petitioner as was prevailing on 10.10.2001. By virtue of the interim order, the petitioner is continuing at the original place of posting. 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 of time there is no question to examine the validity of Amit the transfer order. However, the respondents are at liberty to pass appropriate orders keeping in view the public interest and administrative exigency, without insisting on compiiance of the impugned transfer order. 4. It is well settled principte of law that transfer is an incidence of serviceand 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 mterfere with 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 mles and regulations. 5. In view of the above, this petition stands disposed of. Noorder as to costs. Sd/- Satish K. Agnihotei Judge