y^^^-^-^ ') y^\ HSGH COURT OF CHHATTISGARH AT BILASPUR W.P.rS) No. 3801 of 2005 Petitioner V«]ay Lat Bhardwaj, son of Shrl Rati Ram Bhardwaj, Age 39 years, Posted at Primary Schooi Jawali, Block Dabhara, Dlstrict, District Janjslr Champa, Chhattisgarh. Versus Respondsnts 1. State of Chhattisgarh, Through Secretar^, Schooi Education Dopartment, Mantralaya, D.K.S. Bhawan, Ralpur, ChhatSsgarh. 2. Director, Public Instructions Chhattisgarh, Pension Bada, Raipur (Chhattisgarh). 3. District Education OSicer, District Janjgir Champa, Chhattlsgarh. SB: Hon'bte Mr. Justjce Satish K. Agp.shotri, J Shri Anupam Duboy, Advocate forthe peuiioner. Mlss SuRlte Jain, PaneS lawyer for the respondents/State. ORDER ( Passed on this 13th day of March, 2007) The fo!{owJnQ order of the Court Is passed by Satish K. Agnlhotri, J. 1. The petltloner Vir'hiie working as AssistanS Teacher at Primary School, Ja'A'ali, Btock - Dabhara, Dlstrict - Janjgir Champa was transferred to Primary SchooS, Amiidih, on the same terms and condjtions, vlde jmpugned orderdated 10.9.2001 (AnnexureA/1). 2. The Madhya Pradesh Administrative TribunaS at Raipur vs'de jnterim order dated 22.9.2001 directsd to maJntaJR status quo in regard to the positjon of the petitioner as v»asprevalling on 17.9.2001. By virtue ofthe interim ordsr the petitioner Ss contjnuins at the orSgjnaS place of posting. 3. Bs that as tt may, wjth the passage of tsme this petitjon has become Infructuous as period of fc-aRsfer is not applicabls forever. At this point of time there is no ques^on to examine the validity of the transfer order. However, the respondents are at Siberty to pass appropriate orders keeping in view the publjc intersst and administrstjve exigency, without insjsting on compSiance of the impugned transfer order. 4. !t Is weli settSed princjpte of iav^ that transfer is an incident of semce and it is for the empSoyer to decide as to where a partjcutar officer/employee be posted. ksepjng sn view pubSic Interest as weH as admjnlstrative exlgency. Thi's Court has iimited juriscSiction to interfere in the transfer matter and this Court can interfere onSy jn the case of proved majafide, non-competence of authority passing ttie transfer order and Sransfer order not being in conformjty with the ruSes and regulatjons. 5. !n viev»ofthe above, this peS'ition stands disposed of. No order as to costs. Sd/- Satish K. Agnihotri Judge