t^ 1-ftGKCOURTOFCHHATTtSGARI-fATBtLASPUR W.P. (S) No. 3941 of2005 Petitioner Versus Respondents 1. Mahesh Ram, S/o Shri Jagat Ram Rattiia, aged about 40 years, occupatton Govt Service (Asst. Teacher), posted at Primary School, Faguram Tahsil Gharghoda, Dist. Raigarh (CG) State of Chhattisgarh, through the Secretary Deparbnent of Aadim Jati Anusuchit JaU, Pichtiara Varg and Alpsankhyak Kalyan Vibhag, D.K. Building, Raipur. 2. Collector, Ragarh, Di^ict Raigarh (C.G.) 3. Chitf Exscutive Officer, Dfstrict Pancha^t Raigarh 4. Commissioner, Atlim Jati, Aiusuchit Jab', Pichhara Varg and Alpsankhyak Kalyan Vibhag, Raipur. SB: Hon'bte Mr. JusUce SaUsh K. Agnlhofri, J Shri Awadh Tripathi, Advocate for Ihe peftioner. Shri Sushil Dubey, Govt. Advocate forflie respondents/Stete. ORDER (Passed on this 16BI day of March, 2(K)7) The following order of the Court is passed by Satish K. Agnihotri. J. 1. The petittoner while wortang as Assistarrt Teacher at Primary Schoof, Faguram, Tahsil - Gharghoda, District- Raigarh was transferred to Middle School, Pulsada. on the same terms and conditions, vide impugned order dated 31.7.2001 (Annexure A/1). 2. The Madhya Pradesh Adminisbative Tribunal at Raipur vkte interim order dated 31.12^001 (firected to maintain status quo in regard to the posifion of the petitioner as was prevailing on 1.10.2001. By virtue of Ihe interim order the petitioner is continuir^ at the originai ptere of posting. 3. Be that as it may, with the passage of time this petih'on has become infructuous as period of transfer is not applicable forever. At fliis point 'ss III-' Amit of fime there is no quesfion to examin®tte validity of ttie transfer order. However, the respondents are at Hberty to pass appropriate ordere keeping in view the public interest and administr^lve ewssency, without insisting on eompliance offte impugned transfer order. 4. It is well settled principte of law that transfer Is an incident of service and it is for the emptoyer to decide as to where a parUcular ofRcer/employee be posted, keeping in view public interest aswell as administrative exigency. This Court has limited jurisdiction to interfere with the transfer matter and this Court can entsrtain judicial review onty in the case of proved matafide, non-competence of authority passing the transfer order and transfer order not bei'ng in conformity with the rutes and regulaSons. 5. In view of the above, this petffion stands disp(»edof. No order as to costs. - - __ -—— Sd/- Satfsh K. Agnihotri Judge ^ n