\ HICrH COURT OF CHHATTISGARH AT BILASPUR S.B. : HON'BLE MR. SATISH K. AGNIHOTRI. J. WMT PETITION (S) No. 3959 aflQW RESPONDENTS Pumima Devengan Astt. Teacher, Girls P.School, Rambhata Raigarh fC.G.) VERSUS 1. Secretary, through chattisgarh Govt. School Edu. Deptt. D.K. Bhavau, Raipur fC.G.). 2. Collector, Distt.- Raigarh (C.G.) 3. District Edication OfBcer, Raigarii (C.G). Present: None for the petitioner. Shri SushU Dubey, Govemment Advocate for the State/respondents. ORDER (Passed on 15°March 2007) 2. The petitioner, while working as Assistant Te&cher at Primary School Rambhata, Distriet Raigarh, wis transferred to Middle School, Shakarboga, on the same tenns and eonditions vide impugned order dated 31 .07.2001 (Annexure A/l). The Madhya Pradesh Administrative Tribunal at Raipur vide interim order dated 17,10.2001 directed to mainlain stetus quo in regard to tfae position of the petitioner as was prevailing cn ~55?Si^' '•Sig^ ^'••t... 05.10,2001. By virtue of the mterim order the petitioner is continuing at the original place ofposting. 3. Be that as it may, with the passage of time this petition has become inlhictuous as period of transfer is not applicable forever. At this point oftime, thwe is no qaestion to examine the validity 'of the transfer order. However, the respondents are at Uberty to pass appropriate order keeping in view the public interest and administrative exigency, without insisting on compliance ofthe impugned transfer order. 4. It is well settled principle of law that transfer is an incident of service and it is for the employer to decide as to where a particuiar officer/employee be posted, keeping in view pubtic interest as well as administrative exigency. This CoBrt has limited jurisdiction to interfere in the transfer matter and Ihis Court can interfere oaly ia the case of proved malafide, non- competence of authority passing the transfer order and transfer order not being in conformity wilfa fhe rules and regulations. 5. In view ofthe above, this petitioa stands disposed of. No order as to costs. Sd/- Satish K. Agnihotri Judge Andt