L..^, HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition ls\ No. 3813 of2005 Petitioner Respondente Versus :1. 2. R.K. Sisodiya, aged about 37 years, S/o Shri S.S. Sisodiya, Assistant Teacher, Primary School, Aheer Mohalla, DJstrict- Bilaspur C.G. State of Chhattisgarh, through the Secretary Department of School Education D.K.S. Bhavan, Mantralaya Raipur (C.G.) District Education Officer, Bilaspur District Bilaspur C.G. SB Hon'ble Shri Satish K. Aanihotri. J. Present: Mr. Y.C. Sharma, Advocate forthe petitioner. Ms. Sunita Jain, Panel lawyerforthe respondents/Stete. ORDER (Passed on this 14th day of March, 2007) 1. The petitioner, while working as Assistant Teacher at Primary School, Aheer, was transferred to Middle School, Dhangava, on the same terms and conditions vide impugned transfer order dated 10.9.2001 (P/1). 2. The Madhya Pradesh State Administrative Tribunal, Bench at Raipur, vide interim order dated 18.10.2001, directed to maintain status quo in regard to the position of the petitioner as was prevailing on 18.9.2001. 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 vah'dity of the transfer order. However, the respondents are at liberty to pass appropriate orders keeping in view the public interest and Thakur 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 a particular officer/employee be posted keeping jn view public interest as well as administrative exigency. This Court has limited jurisdiction to interfere with the transfer matter and this Court can enteriain judicial review only in the case of proved malafide, non- competence of 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. __ Sd/- SatishK.Agnihotri Judge