IN Tm HIQ—I COURT OF JUDICA’I‘URE AT BEASHIR(CEH—IATTISGARH WRIT PETITION 0o CL; ggTITIONER mt. Vinita Ral, w/o. Aditya Rai, Aged about 32 years” Assistant Teache Church of Christ Primary School. Chanduwabhata, Tarbahar, Bilagpur (c.G.) VS.” §ESPONDENrs 1/ State of Chhattisgarhy J—hrough Secretary, Sahool Educatlon Depart-nento'; Mantralayau D K. S. Bhawan, Raipur (COGO) Dlstrict Education Officer, BllaSzgur (CQGO) ' Church of Christ Mission in India (Education Dapartnent) , ’ Schools EStab1 lshed and Aoninls- tered by a Mlnorlty Community, w Through Dlrec-Lor, uhra. B.E. Getuer, Kududandr BilaSpur (C.G.) Church o; Chrlst MlSSlon 1n India! ”hrouah Shx'J Ishwarl L11, Mission becretary, Kududund, Dist. Bilaspur (CaGa) Ishwari Lalp S/o. Late Pyare Lal, Aged about 68 years,' Mission Secretary, Church of Christ Mission in India, Kududand, Distu Bilasbur x’ M111 2r. WTION UNmR AMICLL 225 0s Mb: CON TITUTIQN OF glqDIA no“ 'rHL Issmmcn. OF mm m m1; NATUw OF xLANDhMusa CERQELRéRI,“ PROHIBxTI’ON AND imR OTHEm SUITABLE war OR lmx‘rs,‘ ORDER OR ORDERS, DIRECTION OR DERECTIONs. COHtd’ a 2o u S r“- . Awe HIGH COURT OF CHI-IATTISGARH AT BILASPUR Writ Peh'tion No. 2293 of 2001 Pen'tioner: Smt. Vinita Rai Versus Respondents: State of Chhattisgarh 85 others Single Bench: Hon’ble Mr. Justice Sutish K. Agihotri. Shn' Amit Verma, counsel for the petitioner. Smt. Anju Abuja, Deputy Government Advocate for the Respondents No. 1 to 2. Shri V.C. Ottalwar, counsel for the Iespondents No. 3 to 5. ORAL ORDER (22“ Mamh, 2006) The following order of the Court was passed by Satish K. mihotri, J. 1. This petition impugns the transfer order dated 16.10.2001 (Annexure P/3) passed by the respondent No. 4 on the ground that the transfer order was malaftde exemise of power and arbitrary. 2. According to the pen'tioner, the impugned transfer order was passed because the petitioner has tiled the Civil Revision against the respondent No. 4, which is pending consideration in this Court. The petitioner could not point out any other reason except pendency of Civil Revision No. 494/ 2001 in this Court in order to allege that it was malajide exercise of power to transfer the petitioner from Church of Christ Primary School, Chanduabhata, Bilaspur to Mission Primary School, Samaniya, Surguja as Assistant Teacher. 3. This Court, while issuing notice, granted status-qua as on 8.11.2001. Thereafter the order dated 8.11.2001 was neither varied nor modmed. The petitioner continued on the same place } of posting at Chanduabhata, Bilaspur till date. 1 4. It is well settled principle of law that transfer is an incident of service and it is for the employer to decide as to where a paxticular emcer/employee be posted keeping in View public {A} interest as well as administrative exigency. The petitioner has already Worked at one place for more than 5 years. This Court has limited jun'sdiction to interfere in the transfer matter and this Court can interfere only in the case of proved malahde, non- competence of authon‘ty passing the transfer order and transfer oxder not being in conformity with the rules and regulations. In the facts and circumstances of the case, it is not necessaiy to examine validity of the impugned nansfer order at this stage. In the facts of the case, the respondents are directed not to insist upon compliance of the impugned transfer order. 5. This petition has become inhuctuous with the passage of time. Accordingly the petition is dismissed as having become infructuous. However, respondents/authorities are at liberty to pass appropriate order for posting the petitioner in the public interest and administrative exigency, in accordance with law. No order as to costs. Sdl- f Satish K. Agnihotri f Judge hi Bablu