HIGH COURT OF CHHATTISGARH AT BILASPUR WP. (S) No. 3777 of 2005 Petitioner C. S. Pandey Versus Respondents State of Chhamsgarh & another SB: Hon'bie Mr. Justice Satish K. Agnihotri, J Shri Y. C. Sharma. Advocate for the petitioner. V. V. S. Murthy, Deputy Advocate General with Smt. Anju Ahuja, Deputy Govt. Advocate for the respondentei$tate 0 R D E R ( Paesed on this 9’" day of March, 2007) _ The following order of the Court is passed by Satish K. Agnihotri. J. “ l / 1. The petitioner while working as Assistant Teacher in Higher Secondary Boys School, Sarkanda. District — Bilaspur was transferred to Primary School, Nagridih, Block - Bilha, on the same terms and conditions, vide order dated 3.9.2001 (Annexure N1). 2. The Madhya Pradesh Administrative Tribunal at Raipur vide interim order dated 13.9.2001 directed to maintain status quo in regard to the position of the petitioner as it was prevailing on 11 3.2001. By virtue of the interim order the petitioner is continuing at the original place of posting. Be that as it may. with the passage of time this petition has become ()i 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 appropriate orders 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 officer/employee be posted. 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 malatide, non-competence of authority passing the transfer order and transfer order not being in conformity with the rules and regulations. 5. ln view ofthe above, this petition stands disposed of. No order as to costs. Sd/- ‘i‘ Satjsh K. Agnihotri Judge ii Thakur l. .