HIGH COURT QF CHHATTISGARH AT BILASPUR ^^w^s, Writ Petition (sl No. 3910 of2005 Applicant Respondents Versus :1 2. 3. Anil Ku. Gupta, Astt. Teacher, M.S. Patrapli, Teh. & Distt. Raigarh (C.G.) Secretary, through Chhattisgarh govt. school Education department, D.K. Bhawan, Raipur (C.G.) Collector, Raigarh (C.G.) Distt. Education Officer Raigarh (C.G.) SB Hon'bie Shri Satish K. Aanihotri. . Present: Mr. H.K. Sahu, Advocate for the petitioner. Mr. Sushil Dubey, Govt. Advocate for the respondents/State. ORDER (Passed on this 16 day of March, 2007) 1. The petitioner, while working as Assistant Teacher at Middle Schooi, Patrapa!!, 'A'SS fransferred to Middls School, Gantu!i Bade, Sarangarh on the same terms and conditions vide impugned transfer order dated 31.7.2001 (A/1) 2. The Madhya Pradesh State Administrative Tribunal, Bench at Raipur, vide interim order dated 8.10.2001, directed to maintain status quo in regard to the position of the petitioner as was prevailing on 29.9.2001. 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. 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 appropriaie orders keeping in view the pubiic interest and Amit 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 wel! 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. -_ Sd/- Satish K. Agnihotri Judge •;-<'-'-.-T^ilf