HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition ts) No. 3832 of 2005 Apolicant ResBondente Versus :1. 2. 3. Kalaram Dhardwaj S/o Shri Sri Ramcharan Bhardwaj, aged about 41 years, Assistant Teacher in Primary School, Beharchua R/o Beharchua, Block-Kartala, Distt. Korba. State of Chhattisgarh, through Department of Tribal Developments, D.K.S. Bhavan, Raipur. Assistant Commissioner, Tribal Development, Korba Collector, Tribal Development, Korba SB Hon'ble Shri Satfsh K. Aanihotri. J. Present: Mr. Anupam Dubey, Advocate for the petitioner. Ms. Sunita Jain, Panel lawyer for the respondents/Stete. ORDER (Passed on this 14th day of March, 2007) 1. The petitioner, while working as Assistent Teacher at Primary School, Beharchua, was transferred to Primary School, Malakachar on the same terms and conditions vide impugned transferorderdated 11.9.2001 (A/1). 2. The Madhya Pradesh State Administrative Tribunal, Bench at Raipur, vide interim order dated 27.9.2001, directed to maintain status quo in regard to the position of the petitioner as was prevailing on 20.9.2001. By virtue of the interim order, the petitioner is continuing at the original place of posting. 3. Be that as it may, with the passage of time this petition has become infructuous, as period of transfer is not applicable 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 orders keeping in view the public interest and administrative exigency, without insisting on compliance of the impugned transfer order. 4. It is well settled principle of law that transfer is an incidence of ser/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 administrative exigency. This Court has limited jurisdiction to interfere with the transfer matter and this Court can entertain judicial review only in the case of proved maiafide, non- competence 6f authority passing the transfer order and transfer order not being in conformity with the rules and regulations. 5. In view of the above, this petition stands disposed of. No order as to costs. ___— Thakur Sd/- Satish K. Agnihotri Judge