HKH COURT OF CHHATTtSGARH AT BILASPUR W.P. rs) No. of2Q(» Petitioner Versus Respondents 1. R. R. UNcey, age 54 yeare, S/o Shri Oanuram Uikey, Lecturer - English (Incharge Principa!), Govt. Mode! Higher Secondary School, Farasgaon, District- Baster (C.G.) State of ChhatUsgarh, Through Secretary,. Tribal, Scheduled Caste, Scheduted Trtbe, Backward Classes and Minority Welfare Departnent, D. K. S. Bhawan, Raipur (C.G.) 2. 3. Coltector, Dis&kA- Baster (C.G.) Assistant Commissionar, Tribal WeHare. District- Baster (C.G.) SB: Hon'ble Mr. Justica Satish K. Agnihotri, j Shri Rakesh Anthony, Advocate for ths p^ifioner. Shri Sushii Dubey, Govt. Advocate forUie respondents/State. ORDER (Passed on this 1611' day of March, 2CX)7) The foltowing crdsr of the Court is passed by SaUsh K. Agnihotri, J. 1. The petitioner white woridng as Lecturer at Govt. Model School, Farasgaon, Disfrict- Baster was transferred to Dantewada, on the same terms and conditions, vide impugned order dated 1.10.20)1 (Annexure A/1). 2. The Madhya Pradesh Administrative Tribunal at Raipur vide interim order dated 22.11.2001 directed to maintain stahis quo in regard to ttie position of the petrtioner as was prewiling on that day. By virtue of the inSerim order the pefi8or>er is continuing at the original piace ofposfing. 3. Be that as it may, with the passage of timethis petition has become infructuous as period <rf transfer is not applicabie forsver. At this point of time there is no quesfion to examine the valldity of the transfer order. However, tfte respondents are at tiberty to pass appropriate ordere keeping in wew the public interest and administraUve eMgency, without insisfing on compliance of the impugned transfer order. T' Amit 4. it is well settled principle of law that bansfer is an incident <rfsefvice and it is for ttie employer to deckle as to where a particular officer/employee be posted, keeping in view public inter^t as wel! as administrative exigency. This Court has limfted jurisdicBon to interfere with the transfer matter and this Court can entertain judicial review onty in the case of proved malafide, non-competence of authority passtng the transfer order and transfer order not being in conformity wfth the rules and regutations. 5. In view of the above, this petition stends disposed of. No order as to costs. Sd/- Satish K. Agnihotri Judge