HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition ts) No. 3834 of 2005 Applicant : Bhogilal Choubey, S/oShri Daniram Choubey, Aged about 49 years, working as Asst. Teacher, Govt. Primary School, Porath, Raigarh. Dist. Raigarh (C.G.). Versus Respondents :1. StateofChhattisgarh, Through : Secretery, Department of School Edueation, D.K.S. Bhawan, Raipur (C.G.). 2. District Education OfRcer, Raigarh Distt. Raigarh (C.G.). 3. Block Education Officer, Baramkela, Distt. Raigarh (C.G.). SB Hon'bie Shri Satish K. Aanihotri. J. Present: Mr. Anupam Dubey, Advocate for the petitioner. Ms. Sunita Jain, Panel lawyerforthe respondents/State. ORDER (Passed on this 14th day of March,2007) 1. The petitioner, while working as Assistent Teacher at Primary School, Porath, was transferred to Primary School, Bargaon on the same terms and conditions vide impugned transfer order dated 31.7.2001 (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 atthe 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 respondente 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 service and it is for the employer to decide as to where aparticular ofRcer/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 malafide, non- competence of authorify 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 coste. Thakur Sd/- Satish K. Agnihotri Judge <^-,