aw HIGH COURT OF CHHATTISGARH AT BIL MASPUR S.B. : HON’BLE MR. SATISH K. AGNIHOTRI J. M WRIT PETITIGN (3ypf 2g mxg943ggl §§ : Smt, Sushma Sagar, Wife of Shi R.AYadav, Assistant Teacher, Pn‘mary School Sanay Nagar, Akaitara, Black Akaltara, Distn'ct Janjgeer~Champa (C.G.) VERSUS '1. State of Chttisgarh, Through Secretaty, School Education Deprtmmt, Mantralayas D.K..S, Bhawan, Rajpur. 2. Director, Public Instruction, Peion Bada, Raipur, Chhtisgarh. . District Education fticer, School Edation Department, Janjgeer- Champa, Chhattisgarh, O L Present: Shri Anupam Dubey, Advocate for the petitner. Shri Sushil Dubey, Government Advoca for the State/respondents. x ()RDER e (Passed on 16‘“ March 2007) 1. The petitioner, while working as Assistant Teacher at Primary Sohool Sanjaynagar, Akaiatara, was transferred to Primary School Link Station Para, Kotmisonar, on the oame terms, and oonditiong ‘vide impugned order dated 10.092001 (Annexure A”), WW “x PETITIONER r j RESPONDENTS ha a ns at O uc io te 2 £§ 2. The Madhya Pradesh Administrative Trihunal at Rajpur’ vide intm'm ord¢r dated 31.112001 dimcted to maintain status quo in rsgard to the position of the petitioner as was prevaiiing on ,10,200], B vixtue of the intm’im arder the petitioner is contnuing at the original place of posting, 3, Be that as it may, with the passago time this petition has become iii‘uetuous as period of tranofer is not applicable forever: At this point f time, m s no question to examine the validity of the transfe order. However, the respondents are at liberty to pass appropriate order keeping in view the public ierest and administrative exigeney, witho insisting on complianee of the impugned transr order. It is well settled rinciple of aw that transfer is an inciden of service and it is for the emplyer to decide as to where a particular officer/employee be posted, keeping in view pli nterest as well es adinistrati exeney. This ourt has limited jurisdiction to interfere in the transfer matter and th Court can interfere only in the case of proved malaiide non- eompetence of auority passing the transfer order and transfer ord not bein in conformity with the rules and regulaions, 5, in View ofthe above, this petition stands disposed of. No order as t0 costs. e Sdl- ., Sansh K.Agnihotri E i Judge T. f In: ’ 15 y i of n o the i r nt ut fe p l t o ubc i mve ig C is , th er g t