^p HiGH COURT OF CHHATTISGARH AT BSLASPUR W.P.rS) No. 3883 of 2005 Petitloner Shiv Kumar Slngh Thakur. Asstt. Teacher, Govt. Primary School, PoSlyadih, Dhsmtars, Distt. Dhamta" Versus Respondents 1. of Chhattisgarh, Through She Secrefar^, Department of Schooi Educatlon, Mantralaya, Ralpur, District-Raipur(C.G.). 2. District Education Offjcer, Dhamte", District - Dhamtari (C.G.) SB: Hon'bSe IVir. Justice Satish K. Agnshotri, J Shri K. K. Shukia, Advocate for the pet<t<oner. Mlss Sunlte Jaln, Panei iswyer for the responderrts/State. OR D E R (Passed on thls 13th day of March, 2007) The foSlowSng order of tse Court Is by K. Agnihotrl, J. 1. The whiie v/orklng -as Teacher at Govt. Prima"/ School, Potiyadjh. District- Dhamtan was transferred to Govt. Primary School, Rev»agahan, on tfie same terms and eoncjStions, vlde Impugned ordsr dsted 22.9.2001 (Annexure A/1). 2. The Madhya Pradesh Admlnlstratjve Tribuna! at Raipur vide interim 3.10.2001 directed to maintasn status quo jn regard to the position of the petStioner as was prsvaliing on 27.9.2001. By vlrtue of the Interim order the petltjoner ss contSnulng at the origjna} pSace of postlng. 3. Be that as it may, wlth the passage of time thls petition has become infructuous as period of transfer is not forever. At this point of tlme thers Is no question to the valicjity of the transfer order. However, the are at ijberty to appropriate in vlewthe interestand admjnistratjve exigency, on compijance ofthe jmpugned transfer order. Thakur c>\ 4. it 1-3 welS princjple of lav/ that fransfer js an incidsnt of ssn/ice and it is for the employer to decicSe as to where a partlcuiar officer/employee be posted, keeping in vlew pubjic as we!l as admjnlstrative exigency. This Court has jurisdiction to Interfere jn the transfer matter and this Court can interfere oniy in the of proved malafide, non-competence of authority passing the transfer and transfer order not being In conformjty 'A'JSh the ruSes and regulations. 5. In view of the above, this petitjon stands dlsposed of. No order as to costs. ______—— Sd/- Satish K. Agnihotri Judge IN»»<^'