IN THE HIGH COURT OF JUDICATURE AT BEASPUR(G—E‘IATTIS@H ) mm: PETITION No. JQ Cl“ 001 kg? WRIT PETITION UNDER ARTICLE Zgé OF THE CONSTITUTION OF {! INDIA FOR THE ISSUANCE OF WRIT IN THE mTURE OF MAMDAMUS, CnR’RA ION AND FOR OTHER SUITABLE WRIT OR WRITS, ORDER O ORDERS, ERCTION OR DR£CTION§. Contdo o 2 ow. § / I‘IORI PROHBIT R E PETEIONER VSmt. V. Via-item. W/o. 3hr; H Walter; Aged about 51 years. Assistant Teacher,» Church of Chrlst Primary School; Kududand, Buaspur (C.G.) Vs; RESPONDEMS state of Chhattisgarh‘k Through Secretaxyg School Education Depar’anent.‘v Mantralaya,‘ D.K. s. Bhawan, Raipur (C.G.) 2. Distrirt Education Offlcer, Bllaspur (C.G.) Chwch cf ChriSt Mission in Inéla‘i (EducatiOn Department) Echools EStabllshed and Admlnls- x tered by a Minority Community, Through Directer, shri B,E. Getter. Kududand,’ Bilaspur (C.G.) Church of Christ MlsSlon 1n India} Through shra. Ishwarl Lal, Mission Secretary, W Kududand, Dist. Bilaspur (C.G.) §shwari Lal, /o. Late Pyare Lal. e é Aged about 68 years“ Mission Sectetary, a» Church of Chrst Mission 1n India., Kududand. Dlst. Bilaspur. ‘ HIGH COURT OF CHHA’l'TISGARH AT BILASPUR M i ; N» Writ Petition No. 2292 of 2001 Petitioner: ‘ Smt. V. Walter Versus ’ Respondents: State of Chhattisgarh 85 others l ‘ _ Single Bench: Hon’ble Mr. Justice Satish K. Agnihotri. Shri Amit Velma, counsel for the petitioner. Smt. Anju Ahuja, Deputy Government Advocate for the Shri V.C. Ottalwar, counsel for the respondents No. 3 to 5. Respondents No. 1 to 2. ORAL ORDER (22nd Mamh, 2006) The following order of the Court was passed by Satish K. mihotri, J. 1. This petition impugns the trensfer onier dated 16.10.200l ‘ (Annexure P/3) passed by the Iespondent No. 4 on the ground that the transfer order was malande exemise of power and arbitraiy. 2. According to the petitioner, the impugned transfer order was passed because the peu'u‘oner has nled the Civil Revision against the respondent No. 4, which is pending consideration in this Court. The petitioner could not point out any other reason except pendency of Civil Revision No. 494/ 2001 in this Court in order to allege that it was malande exercise of power to transfer the petitioner from Church of Christ Primary School, Kududand, Bilaspur to Mission Primary School, Manohar Nagar, Chanda, Surguja as Assistant Teacher. gé/ 3. This Comt, While issuing notice, granted status-quo as or u 8.11.2001. Thereafter the order dated 8.11.2001 was neither van'ed nor modiiicd. The petitioner continued on the same place of posting at Kududand, Bilaspur till date. 4. It is well settled pn‘nciple of law that transfer is an incident of service and it is for the employer to decide as to Where a particular o$cerlemployee be posted keeping in View public interest as well as administrative exigency. The petitioner has already worked at one place for more than 5 years. This Court has limited jurisdiction to interfere in the hansfer 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 conformity with the rules and regulations. In the facts and circumstances of the case, it is not necessaly to examine validity of the impugned transfer order at this stage. In the facts of the case, the respondents are directed not to insist upon compliance of the impugned transfer order. This petition has become innuctuous with the passage of time. Accordingly the petition is dismissed as having become infructuous. However, respondents/authorities are at liberty to pass approprm‘te order for posting the petitioner in the public interest and administrative exigency, in accordance with law. No order as to costs. Sd/- i ’ satish K. Agnihm‘“ ‘ Bablu Judge .