^) H!GH COURT OF CHHATTSSGARH AT BSLASPUR W.P.<Sl No.3818of2005 ^IMI^ Thakur Petitioner Versus Respondente 1. Ram Prassd Pate!, son of Shri Narottam Patet, Asstt. Teacher, Primary Schoot, Jawals. District Janjgir (C.G.). State of Chhattjsgarh, Through Secretery, Schoot Education Depsrfment, MantraSaya, D.K.S. Bhawan, Raipur (Chhattisgarh). 2. Dtr^tor, Pybilc Instryctsons ChhatEisgarh, Pension Bada. Raipur (Chhattisgarh). 3. D'jstrict Educ-ation Officer, D'strict .Janjgir Champa, Chhaftlsgarh. SB: Hon'ble Mr. Justice Satish K. Agnihotri, J Shri Anupam Dubey, Advocate for the petftioner. Miss Sunlte Jasn, Panel lawyer for the respondents/State. ORDER ( Passed on this 13th day of March, 2007) The foj!ov»ingordsr ofths Court is passed by Satish K. Agnihotri, J. 1. The petitioner whsie v/orking as Assistant Teacher at Primary Schoo!, JawaSI, Dabhara District- Janigir Champa was transferred to Primary SchooS, Awas Plat Aadii. Ma! Kharouda, on the same terms and cond'itions. vide tmpugned orderdateci 10.9.2001 (Annexure A/1). 2. The Madhya Pradesh Admlnlsfrative TribunaS at Raipur victe intenm order dated 25.9.2001 directed to majntain status quo in regard to the posjtion of the pstiSSoner as v/as prevaliing on 18.9.2001. By virtue of the snterim order the petltioner Is continuins at the origina? piacs of posting. 3. Be that as it may, with the passage of Sime this petition has become Infructuous 33 period of transfsr is not appSlcabEe forever. At this point of time thers is no question to examine the validity of the transfer order. However, the respondents are at Siberty to pass appropriate orders keeping §nview the public interest and admiRistrative exigsncy, without insjsting on compHance ofthe impugned transfer order. 4. !t is well settted pnnclpSe of lav/ that transfer is an IncsdeRt of servics and it js for the empSoyer to decsde as to where a particuiar officsr/smpSoyse be posted. ReepEng in view publlc interest as we." as admlnistratjve exigency. Thss CourS has SSmited lurisdictiGn to snterfere sn the transfer mattsr and thls Court can interfere on!y in the case of proved maiafide, non-competence of authority passing ths transfsr order and transfer order not bsing in conformity with She ruies and regulatjons. 5. In visw of the above, thls petition stands dispossd of. No order as to coste. Sd/- SatishK.Agnihotri Judge