!s= ^. |l'i»N^. HiGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition fsl No. 3806 of 2005 Petitioner Versus Respondents :1. 2. 3. Shyamlal Tamboli S/o Late Shri Shiv Sahay Tamboli Asstt. Teacher, Purva Madhyamik Kanya Shata Janjgir Distt. Janjgir Champa State of Chhattisgarh, Through the Secretary Department of School Education D.K.S. Bhawan Raipur (C.G.) District Education Officer, Janjgir-Champa Principal, Purva Madhyamik Kanya Shala Janjgir-Champa SB Hon'ble Shri Satish K. Aanihotri. J. Present: Mr. Manish Sharma, Advocate for the petitioner. Ms. Sunita Jain, Panel lawyerforthe respondents/State. ORDER (Passed on this 14th day of March, 2007) 1. The petitioner, while working as Assistent Teacher at Middle School, Janjgir, was transferred to Middle School, Kutra, 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 22.9.2001, directed to maintain status quo in regard to the position of the petitioner as was prevaiSing on 18.9.2001. By vsrtue 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 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 compliance of the impugned transfer order. 4. It is well settled principte of law that transfer is an incjdence of service and it is for the employer to decide as to where a particular officer/employee be posted keeping in view public interest as well as administrative exigency. This Court has limited jurisdiction to interfere with the transfer matter and this Court can entertain 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 mles and regulations. 5. In view of the above, this petition stands disposed of. No order as to costs. Thakur Sd/- Satish K. Agnihotri Judge IL^