"t/^¥TI3iT1f\V /^TJZJi AT"TtTCrf~1 Ar>1-I ArV S.B. : HON'BLE MR. SATISH K. AGNIHOTm, J. WRIT PETITION (S) No. 3904 of200S RE8PONDENTS huvar Say Primar District Sarfaraz Assistant School (Potra) ^aigarh (C-G.) VERSUS State of Cl Secretary, through - Wel&re Mantralaya Raipur (C.G) 2, Collector, (C.G.) Raigarh District Raigarh Present: None appeare for the petitioner. Shri Sushil Dubey, Govemment Advooate for the •th Passed on 15m March2007) The petitioner, while working as Assistant Teacher at Govemment Primary School Potra, District Raigarh, was transferred to Govemment Middle School, Chingari, on Ae same terms and conditions vide impugned order dated 31,08.2(X)1 (AanexureA/1). 2. The Madhya Pradesh Administrative Tribun.al at Raipur vide interim order dated 06.10.2001 directed to maintem status quo in regard to the position of tfae petitioner as was prevaili.ng oa 29.09.2001. By virtue of the interim order Ihe petitioner is continuing at the original place ofposting. Be that as it may, with the passage of time tiiis petition has become infructuous as period of transfer is not appticable forever. At this point oftime, 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 intwest and administrative exigency, without ingisting oa complianw ofthe impugned transfer order. It is well settled principle of law that transfer is an ineident of service and it is for the employer to decide as to wbere a particular oiBcer/empIoyee be posted, keeping in view public interest as well as administrative exigency. This Court has Hmited jurisdiction to interfere in the transfer matter and this Court can interfere only in the case of proved malafide, non- competence of authority passing the transfer order and transfer order not being in conformily with the rules and regulations. In view ofthe above, this petitioa stands disposed of, No order as to costs. Sd/- Satish K. Agnihotri Judge Amit