HIGH COURT OF CHHATTISGARH AT BILASPUR W.P. (S) No. 3964 <rf2005 Petitioner Vinay Sonwani, S/o Late P. D. Sonwani, aged aboiA 30 yaars, Assistant Teacher, Mudhapar, Distt. Koiba, ChhatBsgaitt. Vereus R^pondents 1. State of Chhatt'sgarh, Through Secretary, Schooi EducaCon Department, D. K. S. Bhawan, Ra'ipur 2. Director, Public Insiructions. Chhafflsgarh, Pension Bada, Raipur (C.G.). 3. Distt. Education OfRcer, Kwba, Distt. Korba (C.G.) 4. Assistant Commissksner, Tritel Development Dapartment, Korba, Distt. Korba (C.g.) SB: Hon'ble Mr. Jusiice Satish K. Agnihoiri, J Shri Manoj Kumar Dubey, Advocate for ttie petifioner. Shri Sushi! Dubey, Govt. Advocate for ttie r^iondents/State. ORDER (Passed on this 1^h day of March, 2007) The fotiowing order of the Court is f^ssed by Satish K. Agnihotri, J. 1. The petitioner while working as A^istant Teacher at Mudhapar, District - Korba was tran^erred to Mkkile School, Nakia, on the same terms and concBSons, vide impugned orderdated 11.9.2001 (Annexure 2. The Madhya Pradesh Adminisfrative Tribunal at Raipur vide interim order dated 19.10.2001 directed to maintain status quo in regard to the position of e petitioner as was prevailing on 6.10.2001. By virtue <rf the interim ordsr the petitioner is continuing at the original ptace of posfing: 3. Be that as it may, with <fte passage of time this pefiBon has become infructuous as period of transfer is not applicabte fwever. At this point of time ttiere is no question to examine the valklity of the fransfer order. Hwwever, the respondents are at liberty to pass appropriate Amit orders keeping in view the public interest and administrative exigency, without insisting on compliance of the impugned transfer order. 4. It is well setUed principte 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 limHed jurisdiction to interfere with the transfer matter and this Court can entertain judicial review only in the case of proved malafide, non-competence of authority passing the transfsr order and fransfer order not being in conformity witti the rules and regutations. 5. In view of the above, this petition stands disposed of. No order as to Satish K. Agnihotri Judge