Sst^swxsia St^i^s^l^ HICaiCCniIfTOF CHKArTISGARHAt BItAWUR 8.B. : HON'BLE MR. 8ATISH K. AGNmOTM. J. WRIT PETmON (S} No. 3M6 of2005 PETITIONER RESPONDENT8 Ahmed Hussain Sabri s/o Late Shri Rajijav Hussaia Sabri age 51 years, Assistant Teacher, Adarsh Priuaiy School, Kharsiya District Raigarh (C.G.) VERSUS 1. State of Chhattisgarh Scheduled Tribe Scheduled Caste Backward Class and Minority Welfere Department Mantralya, D.K.S. Bhawan Raipur (C.G.) 2. Collector District Raigarh (C.O.) 3. Assistant Commissioner, Development Raigarh (C.G.) None for the petitioner. Shri Sushil Dubey, Govemment Advoeate for the State/respondents. CTRDER (Passed on 15(h March 2007) 1. The petitioner, while working as Assistant Teacher at Adarsh Primary School, Kharsiya, District Raigarh, was transferred to Middie School, Patrapali, on the same terms and conditions vide impugned order dated 31.07.2001 (Annexure A12}. :'1.''.i 1 1 1 u 1 n :'l ]. ® 2. The Madhya Pradesh Admimstrative Tribunal at Raipur vide interim order dated 09.11.2001 directed to maintain status quo in regard to the position of the petitioner as was prevailing on 13.10.2001. By virtue of the interim order th®petitioner is continuing at the original place ofposting. 3. Be that as it may, with the passage of time this petition has become infinctuous as period of traasfer is not applicable forever. At this point oftime, there is no question to examine the validity of the transfer order. However, tbe respondents are at liberty to pass appropriate order keeping in view the public interest and admimstrative exigency, without insisting on compliaiice oftfae impugned transfer order. 4. It is well settled principle of law that traasfer is an incident of service and it is for tfae eniployer to deeide as to where a particular ofGcer/employee be posted, keeping in view public interest as wel! as administrative exigency. This Court has limited jurisdiction to mterfere in the transfer matter and fhis Court can intca-fere 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 regulatioBS. 5. In view ofthe above, this petition stands disposed of. No order as to costs. Aimt