^^ HIGHCQURT OF CHHATTISGARH AT BILA8PUR S.B. : HON'BLEMR.SATISHK.AGNIHOnU.J. WMT PETITION (S) N&.3979 of2005 c- G.R. (Gura Baroo) Bhartendu, Son of Shri Chand Ram Bhartendu, Aged 34 years, Assistant Teacher, Posted at Primary School Tildega, Block - Patthalgaon, District Jashpar (Chhattisgarh) VERSUS 1. State of Chhattisgarh; Through Secretary, School Education Department, Mantralaya, D.K.S. Bhawan, Raipur, Chhattisgarh.. 2. Director, Public Instroction; PensioB Bada, Raipur, Chhattisgarh. 3. District Education Offieer, District Jashpur(C.G.) Shri SushU Dubey, Govemment Advocate for the ORDER th (Passed GH 16" Msrch 2W7) The petitioaer, while working as Assistant Teacfaer at Primary School Tildega, Block Patthalgaon, Distriet Jashpur, was transferred to Middle School, Singhijhap, on the same terms and eonditions vide impugned order dated 29.09.2001 (Annexure 2. Tfae Madhya Pradesh Administrative Tribunal at Rsipur vide interim order dated 23.10.2001 directed to maintain status quo in regard to the position of the petitioner as was prevailing on 08.10.2001. By virtue of the interim order the petitioner is continuing atthe original place ofposting. 3, Be tfaat as it may; with the passage of tinie this petition has become infroctuous as period of transfer is not applicable forever. At this point oftime, there is no question to examine the validity of the transfer order. However, the respondents are at liberty to pass appropriate order keeping in view the public interest and administrative exigency, without insisting on compliance ofthe impugned transfer order. 4. It is well settled principle of law that transfer is an incident of service and it is for the empioyer to decide as to where a particular officer/employee be posted, keeping in view public interest as wel! as administrative exigeney. This Court has limited jurisdiction to interfere in the transfer matter and this Court can interfere on!y in the case of proved malafide, non- competence of authorily passing the transfer order and transfer order not being in conformily with the rules and regiilations, 5. In view ofthe above; this petition stands disposed of. No order as to costs. Sd/- Satish K. Agnihotri Judge Amit