ir' HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (s) No. 3901 of 2005 Anolicant : Sushi! Kumar Shukla S/o Shri P.B. Shukla Asstt. Teacher, Prathmik Shala Gangajal Distt. Janjgir Champa Versus Respondents :1. State of Chhattisgarh, through the Secretary Department of SchoofEducation D.K.S. Bhavan Raipur (C.G.) 2. District Education Officer, Janjgir-Champa 3. Principai, Prathmik Shala, Gangajal Janjgir-Champa SB Hon'ble Shri Satish K. Aanihotri. J. Present: Mr. Manish Sharma, Advocate for the petitioner. Ms. Sunita Jain, Panel lawyer for the respondents/State. ORDER (Passed on this 14th day of March, 2007) 1. The petitioner, while working as Assistant Teacher at Primary School, Gangajal, was transferred to Middle School, Kachanda, on the same terms and conditions vide impugned transfer order dated 10.9.2001 (P/1). 2. The Madhya Pradesh State Administrative Tribunal, Bench at Raipur, vide interim order dated 8.10.2001, directed to maintain status quo in regard to the position of the petitioner as was prevailing on 29.9.2001. 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 applicabte forever. At this point of time there is no quesUon to examine the vaiidity of 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 compliance of the impugned transfer order. 4. It is well settled principle of law that fransfer is an incidence of service and it is for the employer to decide as to where a particular officer/employee be posted keeping in view public interest as wefl as administrative exigency. This Court has limited jurisdicUon to interfere 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 rules and regulations. 5. In view of the above, this petition stands disposed of. No order as tocosts. __ Sd/- Satish K. Agnihotri Thakur Judge