HIGH COURT OF CHHATTI8GARH AT BILASPUR S.B. : HON'BLE MR. SATI8H K. AGNIHOTRI, J. WRIT PETITION (S) No. 3985 of 2005 PETITIONER RESPONDENTS Smt. Koushilya Venna Assistant Teacher, Primary School Kherebar Gadaghat Vikash Khand Ambikapur, District Sarguja, (C.G.) VERSUS 1. Stete of Chhattisgarh, Through Secretary, Tribal Development, Ministry of Tribal Welfare Department, Mantralaya, D.K.S. Bhawan, Raipur (Chhsttisgarh). 2. Commissioner, Tribal Development, Division Bilaspur. 3, Assistant Commissioner, Tribal Development Sarguja, Ambikapur, Chhattisgarh. Present: Shri Anupam Dubey, Advoeate for the petitioner. Shri Sushil Dubey, Govemment Advoeate for tfae ORDER (Passed on 16th March 2Q07) The petitioner, while working as Assistant Teacfaer at Girls Primary Sehool, Khairwar, Ambikapur, District Surguja, was transferred to Middle School, Kargidih, Lundra, on the same terms and conditions vide impugned order dated 05.10.2001 (AnnexureA/1). Amit Wi 4. The Madhya Pradesh Administrative Tribunal at Raipw vide interim order dated 20.11.2001 directed to maintain status quo in regard to the position of the petitioaer as was prevaiiing on 09.10.2001. By virtiis of the interim order the petitioner is continuing at the original place ofpostin-g. Be tiiat as it may, with tfae passage of time this petition has become infizictuous as period of transfer is not applicable forever. At this point oftime, there is no question to examine the validity of the transfer order. However, the respoadents are at liberty to pass appropriate order keeping in view the publie interest and administra.tive exigency, wfthout insisting on compliaace ofthe impugned transfer order. It is well settled principle of law that tmnsfer is an incident of service and it is for the employer to deeide as to where a particular officer/employee be posted, keeping m view public interest as well as administrative exigency. Th»s Court hss limited jurisdiction to interfere in the transfer matter aad tfais Court can interfere only in the case of proved maiafide, non- competsnce of authorily passing the transfer order amd transfer order not being in confonnity with the roles and regulations. In view ofthe above, this petition staiids disposed of. No order as to costs. Sd/- Satish K. Agnihotri Judge