HIGH COURT OF CHHATTI8GARH AT BILASPUR S.B. : HON'BLE MR, SATISH K. AGNIHOTRI, J. WMT PETITION (S) No. 3984 of2005 PETITIONER RESPONDENT8 Ishwar Lal Nishad, Assistart Teacher, Primary School Naari, Development Block Kurod, District Dfaamtari (Chhattisgarh) VERSU8 1. State of Chhattisgarh, Through Seeretary, School Education Department Govemment of Chhattisgarh, Raipur, District Raipur(C.G.) 2. Incharge District Education Officer, Dhamtari District Dhamtari (C.G.) Present: Shri P.P.Ganguli, Shri Ashutosh Dubey, Advocates for the petitioner. Shri Sushil Dubey. Govemment Advocate for tfae ORDER /Paeoa^ nn 1fit>l Mnrcl \^i. tADti^U \Jli AV AVJK3.i^fii A*W i( ^ 2. The petitioner, while working as Assistant Teacher at Primary School Naari, Bloek Kurud, Distriet Dhamtari, was transferred to Middle School, Gudguda, on tfae same terms and conditions vide impugned order dated 22.09.2001 (Annexure A/l). The Madhya Pradesh Admiaistrative Tribuna! rt Raipw vidc interim order dated 23.10.2001 directed to maintain status quo in 2 regard to the position of the petitioner as was prevailing on 09.10.2001, By virtue of the interim order the petjtinner is continuiflg at the original place ofposting. 3, Be that as it may, with the passage of time this petitioa has become infi'uctuous as period of traiisfer is not applicable forever. At this point oftime, there is no question to examine the validity 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 offhe impugned transfer order. 4. It is well settled principle of law that transfer is an ineident of service and it is for the employer to decide as to wfaera a particular ofBcer/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 malafide, non- competence of authority passing the transfer order and transfer order not being in confonnity with the rules aud regulations. 5. In view ofthe above, this petition stands disposed of. No order as tocosts. Sd/- Satish K. Agpihotri Judge Amit