«.\ HIGH COURT OF CHHATTISGARH AT BILASPUR ON’BLE MRSATISH K. AGNIHOTRI J. WRIT PETITION (S) No. 4025.9; 2005 IPETITIGNER Vijay Kumar Bhagat son of Shri Loku Ram Bhagat Age 33 years, Assistant Teacer, Primary School Kerakachar Block Pattalgaon, District Jashpur, Chhattisgarh VERSUS :1: Stato of Chhattisgam Through Secretary; School Education Dcpartment, Mamralaya, D.K,S, Bhawan, aipur, Chhattisgarh. k Dircctora Public Instructions, Pension Bada, Raipur, Chhattisgarh. Dicm‘ict Education Officcr, District Jashpur (C.G.) RESPONDENTS Present Shri Anupam Dubey, Advocate for the petitioner Smt. Anju Ahujac Deputy GovernmentAdvocate'for the State/recpondents. . ORDER (Passed on 19m March 2007) The petitioner, while working as Assistant Teacher at Primar ‘ School, Kemkachar, Block Patthalgaong District Jashpur, was transferred to Middle School Kuma, Block Dharmaigarhl District Raigarha on the same terms and conditions vidcv impugned order dated 29,09,200} (Annexure A/l ). H h h R , : y j Th6 Madhya Pradesh Administrative Tribunal at Raipur vide interim order dated 27.11.2001 directed to maintain status quo in regard toithe position of the petitioner as was prevailing on 11102001. By virtue of the interim order the petitioner is continuing at the original place of posting. Be that as it may, with the passage of time this petition has a become ‘inhuetuous 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 order keeping in View the public interest and administrative exigency, without insisting on compliance of the impugned transfer order. 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 particular odicer/employee be postedg keeping in view public interest as well as administrative exigencyl This Court has limited jurisdiction to interfere in the transfer matter and this Court can interfere only in the ease of proved malaiide, non- competence of authority passing the transfer order and transfer order not being in conformity with the rules and regulations. In view ofthe above, this petition stands disposed of, No order as t COStS. "r sd/_ I Satish K. Agnihotri 1 cl 1 Judge ll 0