M U Sign Ln 1w.m.n‘ I! HAIPUn’ r. w—h, ,. BEFORE THE STATE ADMINISTRATIVE TRIBUNAL RAIPUR (C.G.) o.A. No. - @gom gw/w) \ 1" § 7V € '7‘ /U) f, 1. Kamta Prasad Sinha S/o Kaluram Sinha R/o Bhardakala, Teh. Gundardehi, Durg (C.G.) 2. Thakur Ram Sahu S/o Pururshottam Rlo Tikri, Arjunda, Teh. Gundardehi, Durg (C.G.) 3. Topi Ram Sahu S/o Paras Ram Sahu R/o Kandul, Dist. Durg (C.G.) 4. Dhan singh Kalihari S/o Rameshwar R/o Bhardakala, Gundardehi, Durg (C.G.) 5. Khorbahara Ram Sahu S/o Chamru Ram Sahu R/o Bhardakala, Gundardehi, Durg (C.G.) (6: Smt. Keshar patel W/o Suresh Kumar R/o Parastarai, Teh. Gundardehi, Durg (C.G.) 7. Ashok Kumar Thakur S/o Brij Pal Singh R/o Arjunda Distt. Durg (C.G.) 8 Smt Vimla Ramteke W/o Chandra Kumar R/o Arjunda Dlstt Du. (C G ‘ 9. Sada Ram Smha S/o Pltambar Sinha R/o Sibdi, Bhardakala, Gundardehi, Durg (C.G.) 10. Taturam Nishad S/o Ajbiram Nishad Rlo Chicha, P.O. Bhardakala, Gundardehi, Durg (C.G.) 11 . Yogeshwar Kumar Choudhary S/o Tahal Singh R/o Malia P.O. Arjunda, Durg (C.G.) 12. Mohan Lal Sahu S/o Milap Singh R/o Bhalukonha, Bhardakala, Gundardehi, Durg (C.G.) 13. mannulal Kurre S/o Derharam R/oArjunda. Gundardehi, Durg (C.G.) 14. Amoliram Sahu S/o Mannuram Sahu R/o Deori - D, P.O. Khursuli, Distt. Durg (C.G.) 15. Babulala Deshmukh S/o Ratan Singh R/o Sibdi, Bhardakala, Gundardehi, Durg (C.G.) 16. Jivrakhan Lal Goswami Slo Ajit Giri Goswami R/o Dudia, P.O. Arjunda , Gundardehi, Durg (C.G.) , 17. Shatruhan Prasad Gajendra S/o Debulal Rlo Gundardehi, Durg (C.G.) / 18. B.L. Markandey Slo Lathkhor Singh Rlo Tikri, Arjunda, Durg (C.G.) / 19. Ishwari Prasad Sarang S/o Tejram R/o Tikri, Arjunda, Distt. Durg (C.G.). Appicants : l Continue ......2 (2) 20‘ Netram Maheshwari S/o Mulleram R/o Arjunda, Durg (C.G.) 21. Gaindram Dewangan S/o Rajaram R/o Arjunda, Durg (C.G.) K 22. Vijay Kumar Sahu S/o Jhaduram R/o Chicha, P.O. Gabdi, Gundardehi, Durg (C.G.) 23. Ram Prasad Sahu S/o Sarju Prasad R/o. Masabhat, P.O. Nikum, Durg (C.G.) 24. Smt. Anjali Kamlekar, W/o. Chimmanlal R/o Arjunda, Gundardehi, Durg (C.G.) /25. Ram Chandra Yadav S/o. Harlal Yadav R/o: Bhilai (Chicha), P.O. Gubdi, Arjunda, Durg(C.G.) VERSUS Respondents : 1. State of Chhattisgarh through the secretary, Department of School Education Secretariat, Raipur (C.G.) 2. Distt. Education Officer, Durg (C.G.) APPLICATION UNDER SECTION19 OF THE ADMINISTRATIVE TRIBUNALS ACT, 1985 —\ DETAILS OF THE APPLICATION Q$ HIGH COURT OF CHHAIHSGARH AT BILASPUR W P (S} No 37?9 of 2005 Petitioners Kamta Prasad Sinha & others Versus Respondents State of Chhattisgarh & another SB: Hon’ble Mr. Justice Satish K. Agnihotri, J Shri Mano} Jayaswal Advacate for the petitioners > V V S Murthy Deputy Advocate General wsth Smt. Anju Ahuja, Deputy Govt. Advocate for the respondents/state ORDER ( Passed on this 9‘" day of March. 200?) The following order of the Court ls passed by Satish K. Agnihotri, J. 1, The petitioners while working as Lower Division Teachers and Head Masters in various schools of District — Durg were transferred to other schools under the policy of rationalization, on the same terms and conditions, v'ide order dated 6.9.2001 (Annexure AH). 2. The Madhya Pradesh Administrative Tribunal at Raipur vide its order dated 17.9.2001 permitted the applicants No. 6,17,18,1922 and 25 to withdraw the petition and for rest of the appiicants, directed to maintain status quo in regard to their position, as it was prevailing on 12.9.2001. By virtue of the interim order the petitioners are continuing at the original place of posting. go 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 vaiidity of the transfer order. However the respondents are at iiberty to pass appropriate orders keeping in View the public interest and administrative exrgency, Without insisting or corrpirance of the impugned transfer order 4. it Is well settled principle of law that transfer rs an incident of service 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 exiency. This Court has limitedjurisdiction to interfere in the transfer matter and this Court can interfere only in the case of proved malafrde. non-competence of authority passing the transfer order and transfer order not being in conformity with the rules and regulations. r 5. ln view of the above, this petition stands disposed of. No order as to costs. i; Sd/- Saush K Agmhom l; Judge Thakur