HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition fs) No. 3830 of 2005 Applicant Versus Respondents :1. 2. 3. Radhey Shyam Patel son ofShri Hridey Prasad Patel, Assistant Teacher, Posted at Govt. Primary School, Domanpur, Block Darbha, District Janjgir Champa Chhattisgarh State of Chhattisgarh, Through Secretary School Education Department Mantralaya, D.K.S. Bhavan, Raipur (Chhattisgarh). Director, Public Instructions Chhattisgarh, Pension Bada, Raipur (Chhattisgarh). District Education OfHcer, District Janjgeer-Champa, Chhattisgarh. SB Hon'bte Shri Satish K. Aanihotri. J. Present: Mr. Anupam Dubey, Advocate for the petitioner. Ms. Sunita Jain, Panel lawyerforthe respondents/State. ORDER (Passed on this 14th day of March, 2007) 1. The petitioner, while working as Assistant Teacher at Primary School Domanpur, was transferred to Primary School, Kchritpali Block Matkharouda, on the same terms and conditions vide impugned transfer order dated 10.9.2001 (A/1). 2. The Madhya Pradesh State Administrative Tribunal, Bench at Raipur, vide interim order dated 26.9.2001, directed to maintain status quo in regard to the position of the petitioner as was prevailing on 20.9.2001. 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 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 p»«»^w.'ffiwsn>.' ^ appropriate orders keeping in view tho public interest and administrative exigency, without insisting on compliance of the impugned transfer order. 4. It is well settled principte of law that transfer is an incidence of sen/ice and it is for the employer to decide as to where a particular officer/employee be posted keeping in view public jnterest as well as administrative exigency. This Court has limited jurisdjction to interfere with the transfer matter and this Court can entertain judicial review only in the case of proved malafide. non- competence of authorify passing the transfer order and transfer order not being in conformity with the rules and regulations. 5. In view of the above, this petjtion stands disposed of. No order as to costs. — Thakur Sd/- Satish K. Agnihotri Judge ^"