BEFORE THE STATE ADI’ NISTRATIVE TRIBUNAL BENQI AT RAI PUR (cmATTISGARI—I) o.A.No. S93 /2001 (23/7/EJ v3.7. 774‘74’5/ Moolchand Patel h so of Shri Ishwari ?rasad Patel Asstt. Teacher, Primary School Puttidih Dabhara Block. Distt. Janjgir Champa (C.G.) . . . Applicant Ver $11 S 1. State of Chhattisgarh Through Secretary. School Eeucation Department, Mantralaya , D.K.$ .Bhawan. Raipur Chhattisgarh 2 . Director 9 Public Instruction Qahagtisgarh. Pension Bada, Raipur (Chhattisgarh). 3-. Eistriot Education Officer. District Janjgir daampa n. Non applicants APPLICATION UNDER SECTION 19 OF THE STATE ADMINISTRATIVE TRIBUNAL ACT 1985 murmu- gIGH COURT OF CHHATHSG RH AT BILASPUR WP. (S) No. 3795 of 209§ Petitioner Moolchand Patel Versus Respondents State of Chhattisgarh & others SB: Hon'ble Mr. Justice Satish K. Agnihotri. J Shri Anupam Dubey, Advocate for the petitioner. V. V. s. Murthy, Deputy Advocate General with Smt. Anju Abuja, Deputy Govt. Advecate fer the reepondenE/Stete. V? O R D E R / ( Passed on this 9’“ day of March, 2007) The following order of the Court is passed by Satish K. Agnihotri, J. 1. The petitioner while working as Assistant Teacher in Primary School. Puttidih. Dabhara. District — Janjgir Champa was transferred to Primary School. Karaipati, Block - Malkharouda. on the same terms and conditions vide impugned order dated 10.9.2001 (Annexure N1). 2. The Madhya Pradesh Administrative Tribunal at Raipur vide interim order dated 26.9.2001 directed to maintain status quo in regard to the position of the petitioner as it was preVatting on 17.9.2001. By virtue of the interim order the petitioner is working 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. At this point of time there is no question to examine the validity of the transfer order. However, the respondents 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. lt is well settled principle of law that transfer is an incident of sen/ice and it is for the employer to decide as to where a particular officer/employee be posted. keeping in view public interest as well as administrative exigency. This Court has limited jurisdiption to interfere in the transfer matter and this Court can interfere only in the case of proved malafrde, non-competence of authority a passing the transfer order and transfer order not being in conformity with the rules and reguiations. 5. in view of the above, this petition stands disposed of. No order as to costs. t!”i x ‘ i ,. 'a"”’ ‘ "‘ Sd/- }.i Satish K. Agnihotri .r? Judge Thakur l‘;