F'jlBwniiB •n HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (sl No. 3943 of 2005 Applicant : R.C.Bhargava Son of Shri Lohit Ram Bhargava, Aged about 45 years, Assistant Teacher, , Posted at Giris Primary School, Patthalgaon, District Jashpur, Chhattisgarh. Versus Respondents ' :1. 2. 3. The State ofChhattisgarh, Through Secretary, Tribal Welfare Department, Ministry of Tribal Welfare, D.K.S. Bhawan, Raipur (C.G.) Uommissioner, Tribal Welfare Department, Bilaspur Division, Chhattisgarh. Bilaspur (C.G.) Assistant Commissioner, Tribal Department, District Jashpur, Chhattisgarh. SB Hon'ble Shri Satish K. Aanihotriu Present: Mr. Anupam Dubey, Advocate for the petitioner. Mr. Sushil Dubey, Govt. Advocate for the respondents/State. ORDER (Passed on this 16th day of March, 2007) 1. Ths petitioner, while working as Assistant Tsacher at Mlddis School, Patthalgaon, was transferred to 1-ligh School, Gala, on the same terms and conditions vide impugned transfer order dated 7.9.2001 (A/1). 2. The Madhya Pradesh State Administrative Tribunal, Bench at Raipur, vide interim order dated 16.10.2001, directed to maintain status-quo in regard to the position of the petitioner as was prevailmg on 3.10.2001. By virtue 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. .^-<s% >a^ At this point of tim®there is no quesBon to examine the validity of the transfer order. However, the respondents are at liberty to |»iss appropriate orders keeping in view the public interest and adminisfraUve exigency, without insisting on compliance of the impugned transfer order. 4. It is well settled principte of law that transfer is an incidence of service and it is for the employer to decide as to where a particuiar ofRcer/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 judiciat 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 rules and regutations. 5. In view of the above, this petition stands disposed of. No order as to costs. —_-_-_-— Amit