^^aMBfcfrA^^SS •^ Thakur HSGH COURT OF CHHATTSSGARH AT BILASPUR W.P.CS) No. 3887 of 2005 ^ Petitioner Vereus Nathu Lat Bareth, Assistant Teacher, Posted at Pnmary School. Churabhata, Block- Dabhara, District — Janjgir - Champs, Chhattlsgarh. Respondents 1. Stete of Chhattisgarh, Through Secretery, Schoo! Educatson Oepartment, Mantraiaya, D.K.S. Bhawan, Raipur (Chhattisgarh). 2. Dsrector, Publlc Instructions, Penslo" Bada, Raipur (C.G.). 3. District Education Officer, District - Janjgeer - Champa (Chhattlsgarh). SB: Hon'bie Mr. Justice Satish K. Agnihotri, J Shri Anupam Dubey, Advocate for the petitioner. Miss Sunita Jain, Panel iawyer for ths respondents/State. ORDER ( Passed on this 13th day of March, 2007) The foiSowJng order ofthe Court Is passed by Satlsh K. Agnihotri, J. 1. The petjtloner whiie working 8s Asslstant Teacher at Primary SchooS, Churabhata, Dtstrict- Janjgjr Champa was transferrsd to Primary SchooS, Bhatapara, Bandora, Biock - MaiRhafoda. cn the same terms and conditjons, vide jmpugned order dated 10.9.2001 (Annexure A/1). 2. The Madhya Pradesh AdmSnistrative TribunaS at Raspur vide interim order dated 5.10.2001 dsrected to maintain status quo In regard to the position of the petitioner as vvas prevai!$ng cn 27.9.2001. By virtue of ths interim order the petitioner Is contjnuing at the origina! p!ace of posting. 3. Be that as it may, •vVjth the passage of time thls petitlon has become infructuous as period of fe-ansfer is not applicabie forever. At this point of time there Ss RO question to sxamine the vaEidlfy of the transfer order. However, the respondente are st Stbsrty' to pass appropriate orders kseping In view the pubSic intsrest and admjnistratlve exigency, without Insistjng on compjlance ofthe jmpugned Sransfer order. 4. it is v/eSS settSed principje of Saw that transfer is sn incsdent of ser^Sce and It Is for the emptoyer to decide as to where a particuSar offjcer/empjoyee be posted. keeping in vsew pub!ic interest as weSS as administratSve exigency. This Court has SimISed iurisdlctjon to interfere in the transfer matter and thss Court can interfere on!y in the case of proved maSafide, non-competence of authority passing the transfer order and transfer order not teins in conformjty with the ruSes and regulations. 5. !n viev/ ofthe above. this pstjtion stands disposed of. No order as to costs. Sd/- Satish K. Agnihotri Judge