HIGH CDURT OF CHHATTISGARH AT BILASPUR S3. HON’BLE MR. SATISH K. AGNIHOTRI J. Present: WRIT PETITION (gm. 4043 of 2005 Karamsingh Chouhan s/o P.R.Chouhan, aged about 3S years, Occupation ASsistant Teacher Governmetn Primary Boys School Devgarh, Developmant Block Tamnar, Tehsil Ghargoda, District Raigarh C.G. VERSUS PETI’I‘IONER 1. Statg of Chhattisgarh, through:- Secretary, School Education Department, D.K,Bhawan, Rajpur, Chhattisgarh. 2. Collector, Tribal Development Education Department Raigarh District Raigarh, Chhattisgarh. RESPONDENTS Shri K,K.Shukla, Advocate for the petitioner. Shri Sushil Duhey, Government Advocate for the State/resyondents. I-gm l ORDER (Passed on 16‘“ March 2007) The petitionor, whilc working as Assistant Teacher at Primary Boys School Devgarh, Development Block Tamnar, District Raigarh, was transferred to Primary School Newar, Dharamjaigarh” on the same terms and conditions vide impugned order dated 31 £72001 (Annexure A/I ),/// ” " @w The Madhya Pradesh Administrative Tribunal at Raipur vide interim ordar dated 05:01 .2002 directed i0 maintain status quo in regard to the position of the petitioner a3 was prevai§ing on 15.102001. By virtue of the interim erder the petitioner is continuing at the original piace of posting, Be that as it may, with the passage of time this petition has become inhuctuous as period of transfer is not applicable forever, At this point of time, 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 of the impugned transfer order. It is well settled principle of law that transfer is an incident of service and it is for the employer to decide as to where a particular either/employee be postedi 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 malahde, non— competence of authority passing the transfer order and transfer order not being in conformity with the rules and regulations. in view ofthe abovea this petition stands disposed of No order as to costs. ' ”n ' kw sw- g". Satish K.Agnihotri H ; 1‘ Judge l .