\ HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (sl No. 3940 of:2005 Applicant Versus Respondents :1. 2. 3. WSss-S^KSSW' Bhisham Prasad Rathore, Son ofShri Chhoteial Rathore, Aged about 41 years, Assistant Teacher, Posted at Primary Schoot, Naila, District Janjgeer- Champa The State of Chhattisgarh, Through, Secretejy, School Education Department, Mantralayar D.K.S. Bhawan, Raipur (Chhattisgarh) Director, Public Instructions Chhattisgarh, Pension Bada, Raipur (C.G.) District Education Officer, Distrlct Janjgeer-Champa (C.G.) SB Hon'bie Shri Satish K. Agnihotri, . Present: Mr. Anupam Dubey, Advocate for the peUtioner. Mr. Sushil Dubey, Govt. Advocate forthe respondents/State. ORDER (Passed on this 16th day of March, 2007) 1. The petitioner, while worklng as Assistant Teacher at Boys Primary School, Naila, was transferred to Primary School, Scheduled Caste, Kataud, 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 16.10.2001, directed to maintain status quo in regard to the position of the petitioner as was prevailing on 3.10.2001. 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 applicabte forever. At this point of time there is no quesUon to examine the validity 6f the transfer order. However, the respondents are at liberty to pass tKetatsafSS^SV appropriate orders keeping in view the public interest and administrative exigency, without insisting on compliance of the impugned transfer order. 4. It is well settled principte of taw that transfer is an incidence 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 wel! as adrhinisirative exigency. This Court has limited jurisdiction to interfere with the transfer matter and this Court can entertain judiciai 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 petition stands disposed of. No order as to costs. Amit l^it^s;^^-'"^ ,>-,,,,,,