@ HIGH COURT OF CHHATTISGARH AT BILASPUR S.B. : HON’BLE MR. SATISH K. AGNIHOTRI, J. WRIT PETITION (S) No. 4044 of 2005 Jogashwar Ggpta S/o T.R.Gupta A3tt, Teacher‘ RS. Gourbahari, Tamnar, The: Gharghoda, Distt. Raigarh (C.G.) VERSUS l’ETITIONER RESPONDENTS ‘ 1. Sscretary, through Chhattisgarh Schooi Educatim . department, D.K.Bhawan, Raipur (CWGJ .2: Collector; thmugh Sc/St ck Welfam department Raigarh (C.G.) Present: None appears for the petitioner. Shri Sushil Dubey, Gavernment Advocate for the State/respondents" ORDER (Passed 0n 16m March 2007) The petitioner, while working as Assistant Teacher at Primary School Gourbahari, Black-Tamnar, District Raigarh, was transferred to Primary School Bagdahi, Block Dharamjaigarh,, on the same termS and conditions Vide impugned order dated 31 1072001 (Annexure A/l ), 2, The Madhya Pradeeh Administrative Tribunal at Raipur vide interim order dated 07..1 l .2001 directed to maintain status quo in regard to the position of the petitioner as was prevailing on 15,102001, By virtue ()f the intcri ordar tha petitioner is continuing at the miginal place of po5tingr Be that s it mayg with thé passaga of time this petition. has become infi‘uctuous as period of transfer is not applicable forever, t this point of times them is no quostion to axamine the v th H b). alidity of e transfer order, owever, the respondents are at liberty to pass approrariat order keeping in View the public interest and administrative exigeneya without insisting on compliance ofthe iugned transfer order. 4. It is well settd princple of law that trnsfer is an incident of service and it is for the employer to decide as to where a particular o§er/employee be posted, keeping in view public terest as well as administrative exigency, This Court has limited jurisdiction to interfere in the transfer matter and this Court can interfere only in the as of proved malafidel non— eompetenc of authority passing the transfer order and transfer order not being in conformity with the rules and regulations. 5, in iew ofthe above; this petition stds disposed oil No order as " to osts. sw— Satish K. Agnihotri Judge J. m a A e mp ie i a ic in ee e V an c “-~ t it