Thakur HJGH COURT OF CHHATTISGARH AT BILASPUR W.P.(S^ No. 3803 of 2005 Ps^tsoner Versus Respondente 1. Chandra Shekhar Pate!, son of Shrs Dharmdev Patef, Assistent Teacher, Giris Primapy Schoo!, Kotaml (D), Dlstrict Janjgir, Chhattisgarh. State of Chhattisgarh. Through Secretary, Schoof Education Oepartment, Mantralaya, D.K.S. Bhawan. Rsipur (Chhattisgsrh). 2. Director, Pubtic tnsfructions Chhaifisgarh, Penslon Bada, Rai'pur (Chhatti'sgarh). 3. DisSrict Education Officer, Dfetrict Janjgir Champa, Chhattisgarh. SB: Hon'fe'e Mr. Justice Satssh K. Agnihotri, J Shri Anupam Duboy»Advocato for fho potiiionor. Mlss Sunlte Jam, Panet lawyer for the respondents/State. ORDER ( Passed on thls 13th day of March, 2007) The fojtowing order of the Court is passed by Satish K. AgnihoSri, J. 1. The pstitioner v/htle v^orkjng as Assistant Teachsr at Girls Primary SchooS, Kotami (D) v^as transferred to Middte School, AadiS Ma! Kharouda, on ths same terms and conditions. vide impugned order dated 10.9.2001 (Annexure A/1). 2. The Madhya Pradesh Administrative Tribunal at Rajpur vide interim order dated 22.9.2001 directed So majntain status quo in regard to the positlon of Shs petjtioner as v»asprevaSIing on 17.9.2001. By virtue of 8ie Jnterim order the petjtioner Is contjnusng at the origins! pSace of posti'ng. 3. Be that as it may, 'vVith the passage of time this petition has become jnfructuous as perSod of transfer is not appjjcsbte forever. At fhis point of tims there is no qusstion to sxamine the vaiidjty of ths transfer order. However, the respondents are at Siberty to pass appropriate orders keeping §n view the public interest and administrative exsgency, v^ithout insistjng on compliance ofthe jmpugnsd transfer order. 4. It is wsll ssttled principEe of law that transfer is an incjdent of service and it js for fhe employer to decids as to where a partjcular ofRcer/emptoyee be posted, keeping in wew public interest as weSI as admjnjstrative exigency. Thls Court has Jimlted jurisdJction to Interfere in the Sransfer matter and Shjs Court can sntsrfere oniy in the case of proved malafide, non-competence of authority passing the transfer order and transfer order not being sn conformjty with the ru!es and regulatlons. 5. in view ofthe above, this pstStion stands disposed of. No order as to costs. Sd/- Satish K. Agnihotri Judge