IN THE HIGH COURT_QF_]UDICATURE AT_BILASPUR WRITPETITIONNO. ?5"&(8 OF 2004 ";W- ?»T-^S:^.^>^-,i i ^s"sy-~.3^'w-ff^^ ,^,,^.—^^^ '18 PETmONER \Vs' 'iC l^j ^y^Smt. Rajeshwari Baitharu, !..;';, y.- aged about 45 yeaps, wif&of Shri Narhari Baitharu, Assistant' Teacher, Kanya Aashram, Dimarapal, Distt. Bastar (Chhattisgarh) %iej ^< ..^^ VERS.US -^sSa^ RESPQNDENTSZ .(?u^ ^U1i 'l State of Chhattisgarh, through : the Secretary, Department of Tribal Welfare, D.K.S. Bhawan, Raipur (Chhattisgarh) S. Assistant Commissioner, Tribal Welfare Department, District Bastar (C.G.) (3 Secretary, Maata Rukhmani Seva Sansthan, Dimaripal, Distt. Bastar (Chhattisgarh) <- 4 Manmohan Yadav, Lower Division Teacher, Chhindgarh, Distt. Dantewada (C.G.) ^: Vi Rl K; EB: B; WRIT PETITION U/A. 22*6/227 OF THE CONSTITUTIQN_OFJNDIA H!GH COURT OF CHHATTISQARH AT BILASPUR SJNeLEBENCU,: .HONfBl-E MR. SATISH K. AGMiHOTRj. J. Petitioner yersys Smt. Raieshwari Baitharu State of Chhattisgarh and others i;; K Prssent : Mr. B.D.Guru, counset for the petitioner. Mr. Utkarsh Verma, Deputy Goyemment Ad'/ocate for ths State/respondents No.1 and 2. None appears for respondents No.3 and 4. ORDER ind (Passed on 22"° Day ofFebruary, 2007) ^-—witxS''1*. 'SsefsSs^w The petltioner is working as Assistant Teacher in the establishment of respondent No.3. The petitioner vras transferred from Kanya Aashram, Chhindgarh to Kanya Aashram, Dimaripal, vide order dated 23-7-2004. The petitioner joinsd ihe new piace of posting, but, thereafter. ths transfer ot' the petitioner has been cancelled vide order dated 30-11-2004/P-r,. 2. This Court, vide interim order dated 20-1-2005, dlrected that the order dated 30-1 1 -2004 (P-1) shal! not bs given etfect to tili the next date of hearing in case, fche petitioner has taken charge in Kanya Aashram. DlmariDai. ~~~~- —-._ 3. Be that as it may, with the passage of time, this petitlon has become infructuous as period of transfer is not applicable forever. At this point of time, thsre is no qusstion to examine the vaiidity of the imouflned transfer'ordsr. However, the resoondents ars at iibertv to pass appropriate orders keeping in view the public mterest and admin'strative exigencv, wlthout insisting on comDisance of the imDugned transfer order. 4. tt is weit settied principle of iaw that transfer is an incident of sewlce and it is for the employer to decided as to whers a particular officer/employee be posted keeplng in view public interest as well as administrative exigency. This Court has limited jurisdietion to interfere In the transfer matter and this Court can interfsre ontv in the case of proved mate ficte, non-competence of authority passing frie transfer order and transfer ordsr not beina in conformitv with the rules and resulations. |,,,^:4gjK|:gtsB |i»"'-Ei*' 5. In view of She above, the writ petition stands disposed of. No ordsr as So costs. _ __ Sd/- satish K; Agnihotri Judge Ciopai