•f sc HIGH CQURT QF CHHATTISGARH AT BILASPUR 8.B. : HON'BLEMR.SATISHK.AGNIHOTRI. J, WMT PETITION (S) No. PETITIONER RESPONDENTS Present; G.S.Kaushik, Son of Shri Ouna Ram ^ushik, Aged 40 years, Assistant Teaeher; Posted at Middle School, B.T.I. Janjgeer-Champa, ClAattisgarh. VERSU8 1. State of Chhattisgarh, Through Secretary, School Educstion Department; Mantralaya, School Educatioa, D.K.S. Bhawan, Raipur. 2. Director, Public Instruction Deptt., Pension Bada, Raipur (C.G.) 3. District Education Officer, District Janjgeer-Champa, Chhattisgarh. Shri Anupam Dubey, Advoeate for the petiticnier. Shri Sushil Dubey, Govermnent Advoeate for the ORDER th (Passed on 15m Mareh 2007) The petitioner, while workiag as AssistaiBt Teaeher at B.T.I. Middle School, Janjgeer-Champa (Chfaattisgarh), was transferred to Middle Schoo! Mohtara, Block Nawagarh, on the same tenns and conditions vide impugned order dated 10.09.2001 (Annexure A/l). HK..'W*l*»m"tL r^ \"\ 4, The Madhya Pradesh Administrative Tribunal at Raipur vide interim order dated 10.10.2001 directed to mamtain status quo in regard to the position of the petitioner as was prevailing on 01.102001. By virtue of the interim order the petttioner is contmumg at the original place ofposting. Be that as it may; with the passage of time this petition has become infhictuous as period of fransfer is aot applicable forever. At this point oftime, there is no question to examine the validity of the traasfer order. However, the respondents are at iiberty to pass appropriate order keeping in view the piiblic interest and administratiw exigcaicy, without insisttng on compliance ofthe impugned transfer order. It is well setded principle of law that traasfer 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 admmistrative exigency. This Court has limited jurisdiction to interfere ia the transfer matter and tiiis Court can interfere only in the case of proved malafide, non- compstence of authority passisg the transfer order and transfer order not being in conformily with the mles and regulations. In view ofthe above, this petition stands disposed of. No order as to costs. Affiut