'^''•K} ^*«-'u ^^ Writ Petition No. '3&4-1 / 2004 PETITIONE] Rewa Rani Daliariya S^o Shri Milap Ram Dahariya, aged about 60 years, Occupatioa- Lecturer (Hitidi), Presenfly posted at Qovt. Girls Higher Secondary School, Bltha, District. Bilaspur (Chhattiagarh) R/o Ward No. S Ludroopai'a, BiBia, P. S., Talisii and BIocls - BiBia. District - BflasDur •fC-,0.1, -Versus RESPOTro^ENTS : 1. State of Chhattisgarh, Through Secretary, Educatioti Departineiit, Mantralaya, D. K. S. Bhawan Shastri Cho%'k, Raipiir (C.G.j. 2. Director, PubUc Instructions, Raipur (C.G.). Principal, Ck>vt. Girls Higher Secoadary School, Bilha, District - Bflaspiu' iC.Q.i CS?^?nl ^wt.T?1*?^^' TT%'T^'E*^ &^?TrtT.-'^ ftQ^f<5< {%&• S- S'SsfS ^& &'°!^^ ^A^&F^SAS-^ SSS^ S ^•'^^SfSsf isS^^f'S ^Si OB' Uv r=.r^:^;^stst-T¥TTf=fcii o'p Tfti ^•^fFtti'^-S A a ^aW&t %^!iSI A<i§i ^- ^s ~\ H!GH COURT OF CHHATTiSGARH AT BiLASPUR SiNGLE BENCH : HON'BLE MR. SATtSH K. AGNiHOTRI. J. Petitioner yer'sys Rewa Ram Dahariya State of Chhattisgarh and others Present : Mr. Indrasen Sahu, counsei for the petitioner. Ms. Deepali Pandey, Pane! Lawyer for the >"nd (Passedon 22"" Day ofFebruary, 2007) The Detitioner, while working as Lecturer in the Government Higher Secondarv School, Biiha has been transferred to the Govemment Higher Secondary Schooi, Kanteli. wde order dated 16-9-2004 (P-4). 2. This Court, vide interim order dated 7-12-2004, granted stev of the effect and ODeration of the transfer order dated 16-9-2004 (P-4) till the next date of hearing. By vtrtue of the stay order, the petitioner is contlnuing at the same place, i.e., Bilha. 3. Be that as it may, with the passage of time, this petition has become infructuous as period of iransfer is not applica&!e forever. At this point of time, there is no question to examine the validity of the impugned transfer order. However, the respondente are at liberty to pass appropriate orders keeping in view the public interest and administrative exigency, without insssting on compliance of the impugned transfer order. 4. it Is welt settled principle of !aw that transfer is an incident of service and it is for the emDloyer to decided as to where a Darticuiar officer/emptoyee be posted keeping in view public interest as wetl as adminjstratlve exiaency. This Court has limited jurisdiction to interfere in the transfer matter and this Court can interfere onlv jn the case of proved mala fide, non-competence of authority passing the transfsr order and transfer order not being in conformity wrth the rules and reguiatlons. 5. In view of the above, the writ petition stends disposed of. No order as to costs. Sd/- satish K. Agnihotri Judge C?opai .UAI