HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition Is) No. 3833 of 2005 AppJicant : Erenius Tirkey, S/o Toulus Tirkey, Aged about 33 years, Working as Asst. Teacher, Primary School, Sukhapali, Block Baramkela, Distt. Raigarh (C.G.). Versus Respondente :1. Stete of Chhattisgarh, Through : Secretary, Department of Schooi Education, D.K.S. Bhavan, Raipur (C.G.). 2. District Education Officer, Raigarh Distt. Raigarh (C.G.). 3. Block Education Officer, Baramkela, Distt. Raigarh (C.G.). ^ SB Hon'ble Shri Satish K. Aanihotri. J. ^^ ^ Present: Mr. Anupam Dubey, Advocate for the petitioner. Ms. Sunita Jain, Panel lawyerforthe respondents/State. ORDER (Passed on this 14th day of March, 2007) 1. The petitioner, while working as Assistant Teacher at Primary School, Sukhapali, was transferred to Primary School, Karpi 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 27.9.2001, directed to maintain status quo in regard to the posjtion of the petitioner as was prevailing on 20.9.2001. 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 applicabte 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 orders keeping in view the public interest and g) administrative exigency, without insisting on compliance of the impugned transfer order. 4. It is well settled principle of law that transfer js 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 regulations. 5. In view of the above, this petition stands disposed of. No order as to coste. ——— Thakur Sd/- Satish K. Agnihotri Judge