BEFORE HGN' BLE STATE ADMINISTRATIVE TRIBUNAL BENCH AT -*M / 2 EWVW” OrLglnal Application No /2001 ///._, RAIPUR (ctmATTIsGARI-I) Bhuwneshwar Singh Sidar, Son of Shri Ratan Singh Sidar. Assistant Teacher . Posted at Middle School Jeori. Block Tamar. District Raigarh Agglicant VerSll S 1. state of dahattisgarh. Through Secretary, School Education Department. Mantralaya, D.K.S. Bhawan. Raimr o 2 o Director D Public Instruction , Pension Bada . Raiplr , Chhattisgarh. 3. District Education Officer, District Janjgeer. Champs. Non-Applicants TRIBUNAL ACT 1985 @ APPEICATION UIWER SECTION 19 OF THE STATE ADMINISTRATIVE W \Lc @ HIGH COURT OF CHHATTISGARH AT BILASPUR 2005 Petitioner Bhuwneshwar Singh Sidar Versus Respondents State of Chhattisgarh & others SB: Han'bke Mr. Justice Satish K. Agnihetri, J $hri Anupam Dubey, Advocate for the petitioner. G V. V. S. Murthy. Deputy Advocate eneral with Smt. Anju Ahuja. Deputy Govt. Advocate for the reepondentslState. (Passed on this 9’" day of March, 2007) The following order of the Court is passed by Satish K. Agnihotri, J. e 1. Th petitioner while working as Assistant Teacher in Middle School. Jeori, Block - Tamnar, District Raigarh was transferred to Middle School, Rarooma. Blcok - Dharamjaigarh. on the same terms and conditions vide impugned order dated 31 12001 (Annexure N1). 2. The Madhya Pradesh Administrative Tribunal at Raipur vide interim order dated 22.9.2001 directed to maintain status quo in regard to the position of the petitioner as it was prevaiiing on 14.9.2001 .‘ By virtue of the interim order the petitioner is working at the originai piece of posting. 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 compiiane of the impugned transfer order. 4. It is well settled principle of law that transfer is an incident of service and it is for the employer to decide as to where a particular omcerlemployee be posted. keeping in view public interest as well as administrative exigency. This Court as limited jurisdictio to interfere in the transfer matter and this Court can interfere onl in the case of proved matafide, non-competence of ay tfe )a ( uthorit passing the ransr order and transfer order not being in conformity with the rules and regulations. 5. ln view of the above, this petition stands disposed of. No order as to costs. sd/— ‘t ‘ Satish K.Agnihotri .i. } Judge Thakur WP. (S) No. 3786 of ORDER — c h n y