,...l^-^<iyWRUl|r •^ 3"ta—-i.;SSfe»siS ^ HK3H CQURT OF CHHATTISGARH AT BILASPUR Writ Petition (st No. 3941 of2005 ApRlicant Versus Respondents :1. 2. 3. R.P. Gupte Son of Shri Rameshwar Prasad Gupta, Aged 54 years, Assistant Teacher, Posted at Boys Primary School, Patthalgaon, District Jashpur. The State of Chhatfisgarh, Through Seeretary, Tribal Welfare Department, Ministry of Triba! Welfare, D.K.S. Bhawan, Raipur (C.G.) The Commissioner, Tribal Weifare, Bilaspur Division, Bilaspur (C.G.) Assistent Commissioner, Tribal Welfare Department, District Jashpur, C.G.. SB Hon'bie Shri Satish K. Aanihotri^ Present: Mr. Anupam Dubey, Advocate for the petitioner. Mr. Sushil Dubey, Govt. Advocate for the respondents/State. ORDER (Passed on this 16th day of Mareh, 2007) 1. The petitioner, while working as Assistant Teacher at Primary School, Bazarpara, was transferred to Middle School, Tamta, on the same terms and conditions vide impugned transfer order dated 26.9.2001 (A/1). 2. The Madhya Pradesh State Adminisfrative Tribuns!, 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 prevailing on 3.10.2001. By virtue of the interim order, the petitioner is continuing atthe originalplace 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. 81.S.3-... :••-<—S^' Bi[s"':""'i'!—"~;". 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 principle of law that transfer is an incidence 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 rules and reguiations. 5. In view of the above, this petition stands disposed of. No order as to costs.