0 HIGH COURT OF CHHATTISGARH AT BILASPUR SJB.^HON'BLE MR. SATISH K. AGNIHOTRI, J. WMT PETITION (S) No. 3»»1 PETITIONER RESPONDENTS Kishun Lal Chandm S/o Shri Nsnki Singh Chaadra Asstt. Teacher, Govt. Prathmik Shala Jamntpali Distt. Janjgir Champa. VERSUS 1. State of Chhattisgwh tiirough th® Seerefaiy Departmeat of Sciiool Education D.K.8 Bhavan Raipur (C.G.) 2. Distriot Education Officer Janjgir- Champa. 3. Principal, Pralfamik Shata Jamnipali Janigir-Champa. Present: Shri Manish Sharma, Miss Sunita Jain, Advoeates for the petitioner. Shri Sushil Dubey, Govemment Advocate for the State/respondents. ORDER (Passed on 15fll March 2007) 1. ^The petitioner, while working as Asristant Teacher at Goverament Primary School, Jamnipali, District Janjgir<;hampa was teinsferred to Primary Scfaool Bfaatikuda, on fte same terms and conditions vide impugned order dated 10.092001 (Annexure A/l). - - - --- -2- 2. The Madfaya Pradesh Administrative Tribunal at Raipur vide interim order dated 8.10.2001 directed to maintain status quo in regard to the position of the petitioner as was prevailing on 29.09.2001. By virtue of tbe ioterim order the petitioner is continuing at ths origmal place ofposting. 3. Be that as it may, with tiie passage of time this petition has become infroctuous as period of transfer is not applieable forever. At this point oftime, there is no question to examine the validity ofthe transfer order. However, the respondents are M liberty to pass appropriate order keeping in view tfae public interest and administrative exigency, witfaoat insisting on compliance ofthe impugned transfer order. 4. It is well settled principle of law tfaat traBsfer is an iacident of service and it is for the employer to decide as to where a partieular ofBcer/employee be posted, keeping in view public interest as wel! as ftdministrative exigency. This Court has limited jurisdiction to isterfere in the transfer matter and tiiis Court can interfere only in the case of proved malafide, non- competence of authority passiag the trmsfer order and transfer order not being in conformity with the ruies aad r^ulations. ,5. In view ofthe above, this petition stands disposed of. No order as tacosts. Sd/- Satish K. Agnihotri Judge Ajmt