SMSif''W^^!ss^'!"Sa^^BliS 'St. HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (sl No. 3992 of 2005 Applicant : Ramesh Kumar Paikra S/o Shri Chain Singh, aged about 38 years, Assistant Teacher, Primary School, Kharwani, District Korba, Chhattisgarh. Respondents SB Versus :1. The State of Chhattisgarh, Secretary, Education Deptt. D.K.S. Bhawan, Raipur (C.G.) 2. State of Chhattisgarh Through Secretary, Trible Welfare Department, D.K.S. Bhawan, Raipur (C.G.) 3. ^tesistant Commissioner, Trible Department, Korba, Distt. Korba, (C.G.) Hon'ble Shri Satish K. Aanlhotri. . Present: Mr. Manoj Dubey, Advocate for fte petitioner. Mr. Sushii Dubey, Govt. Advocate forthe respondents/'State. ORDER (Passed on this 16th day of March, 2007) 1. The petitioner, while working as Assistant Teacher at Primary School, Kharwani, was transferred to Middle School, Charmar, Kartaia, on the same terms and conditions vide impugned transfer orderdated 11.9.2001 (A'4) 2. The Madhya Pradesh State Adminisfratwe Tribunal, Bench at Raipur, vide interim order dated 21.11.2001, directed to maintain status quo in regard to the position of the petitioner as was prevailjng on 10.10.2001. 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 applicable forever. »; Els:;S B'SK: BIRU K:RI;1 KiW\ Kr » Amit At this point oftime tliere is no quesUon to examina the validity of the transfer order. However, the respondenfs are at liberty to pass 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 principle of law that transfer is an incidence of service and ft is for the employer to decide as to where a particular ofRcer/employee be posted keeping in view public interest as well as administrative exigency. This Court has limited jurisdiction to interfere with the transfer matter and this Court can entertain judicial review only in the case of proved maiafide, non- competence of authority 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. Sd/- Satish K. Agnihotn Judge »i.,1»