HIGH COURT OF CHHATTI8GARH AT BILASPUR S.B. : HON'BLE MR. SATISH K. AGNIHOTM. J. WRIT PETITION (S} No. 3923 of2005 PETITIONER RESPONDENTS Deeabsndhu Vjshwakanna s/o Shri Sadhiam Vishwakamia, aged about 36 years, Assistant Teacher, Middle School Kunjemura Tehsil Ghargfaoda, District Raigarh, C.G. VERSUS 1. State of Chhattisgarh, through Secretary, School education Department Raipw (C.G) 2. Collector (Tribal Welfare Branch) Raigarh Post- Raigarh (C.G.) Present: None appears for the petitioner. Shri Sushil Dubey, Govemment Advocate for the ORDER (Passed on 15! 2. The petitioner, while working as Assistant Teacher at Middle School Kunjemura, Development Block Tamnar; District Raigarh, was transferred to Primary School Gotiyapara (Sarkona) Development Block Dharamjaigarh, on the same terms and conditions vide impugned order dated 31.07.2001 (Annexure A/l). The Madhya Pradesh Administrative Tribunal at Raipur vide interim order dated 15.10.2001 directed to maintein stetus quo in •IS1S9 •i.s»^^^!efss^w^^s'^^.:sws' regard to the position of the petitioner as was prero.iliag on 01.10.2001. By virtue of the interica order the petitioner is contimiing at the original place ofposting. Be thst as it may, with the {»ssage of time tNs prtitlon has become infiTictuous as period of transfer is not applicable foreyer. At this point oftime, Ifaere is no question to examine the validity of the transfer order. However, the respondsnts are at liberty to pass appropriate order keeping in view the publio interest and administrative exigency, without insisting on eompliance ofthe impugned transfer order. It is well settled principle of law that transfer is an incideat of service and it is for the employer to decide as to where a particular ofificer/employee be posted, keeping in view public interest as well as administrative exigency. Tfais Court has limited jurisdiction to interfere ia the traasfer matter and Ais Court can interfere only in tfae oase of proved malafide, aon- competence of authority passing the transfer order and transfer order not bsiag in conformity with the rules and regulations. In view ofthe above, this petition stands disposed of. No order as to costs. Sd/- Sadsh K. Agnihotri Judge Amit