@ HIGH COURT OF CHHATTISGARH AT BILASPUR S.B. :’ HON’BLE MR. SATISH K. AGNIHOTRI. J. WRIT PETITION (S) N0. 4034 of 2005 PETITIONER RESPONDENTS Secretary, School Dapartmcng Mantralaya, Bhawan, Raipur, Chhattisgarh. . a Director; Public Instruction, Pcnsion Bada, Raipur, Chhattisgarh. District Education Officcn District Jashpur (C.G.) Present: Shri Anupam Dubey, Advocate for the petitioner, Shri Sushil Dubey, Government Advocate for £he State/respondents. (Pagmed on 16‘“ March 2007) Tho potitioncr; whila working as Assistant Teavher at Primary School Budhadand, Block Panhalgaon, District Jashpur, was transfemeci to Middle Schooja Sajapali, Dharamjaigarh, on the mine tenns and conditions vidc impugncd order datc 29.092001 (Anncxure A/l). Ram Jcevan Bek Son of Shri Thuinga Bek, Age 4i years Assistant Teacher, Posted at P rimaxy School Budhadandi Block Patthalgaon, District Jashpur. VERSUS '1‘ State of Chhaitisgarh, Through Education ORDER d The Madhya Pradesh Administrative'Tbunal at Raiput vide inten'm order dated 11:12.2001 directed to maintain status quo in regard to tlm position of the petitioner as was prevailing on 15.10.2001, By virtua of the interim order the petitioner is conténuing at the original place of poeting, b) Be that as it may, with the passage of time this petition has become infruetuous as period of transfer is not applicabie 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 order keeping in View the public interest and administrative exigency, without insisting on compiiance of the impugned transfer order. 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 particuiar officer/employee be posted, keeping in view public interest as well as administrative exigeney. This Court has . limited jurisdietion to interfere in the transfer matter and this Court can interfere only in the case of proved malaiideg non- competenee of authority passing the transfer order and transfer order not being in conformity with the rules and regulations. L In view of the above, this petition stands disposed of. No order as to costs. Sd/— Sansh K.Agnihotri i i p Judge \"*- i ri