G-P ss- '•<£: THE HIGH COURT OF JUDICATURE AT BILASPUR (CHHATTISGARH) W.P. No. 3&^3 12004 PETITIONER ..-^' ...c^ '" RESPONDENTS :1) ' ^.: " ?>'"',••; 'p'l^ >w <-\ 2) 3) BALDAU SINGH PATEL S/o Shri N.K. Patel, Aged about 41 years, Assistant Teacher, Primary School, Surajpura, Block Berla, District Durg (CG). Vs STATE OF CHHATTISGARH Through : Secretary, Education Department, DKS Bhawan, Raipur, C.G. Collector Durg, Distt. Durg, C.G. District Education Officer, Education District Bemetara, District Durg, C.G. ^\ WRIT PETITION UNDER ARTICLE 226/227 OF THE ^\K CONSTITUTION OF INDIA -1 ., ^i^" .«i_iLa3.^-- ^~ £.' HiGH COURT OF CHHATTISGARH AT BiLASPUR SiNGLEBENCH : HON'BLE MR. SATiSH K. fRiT PETITION N0.3883 OF 201 PetiSioner Ressondents versus ialdau Singh Patet State of Chhattisnarh and others Prsseni : Ir. Vimiesh Bajpai, counsei for the petitioner te. Deepali Pandey, Pane! Lay/yer for the ORDER iHd (Passed on 22"° Day of February, 2007) The petitioner, white working as Assistant Teacher in the Primarv School. Suraipura Berla has been transferred to the Primary School Botebod Nawagarh, BIock Nawagarh, vide ordec dated31-7- • (P-1). 2. This Court, vsde interim order dated 30-11-2004, granted stav of the effect and operation of the impugned transfer order dated 31-7-2004 (P-1) and the oetitioner was atlowed to continus filS the next date ofhearing. 3. Be that as it may, with the passage of time, this petition has become infructuous as period of transfer is not appticabie forsver. At this point of tlme, thsre Is no questfon to examine the vatidlty of the impugned transfer order. However, fhe respondents are at iiberty to pass appropriate orders keeping In vlew the pubiic interest and administrative exigency, without insisting on compiiance of the imouaned transfer order. 4. It is wel! settied princip!e of taw ftat fransfer is an incident of seroice and" it is for the emoiover to decided as to where a Darticuiar officer/empioyee be posted keeping in view pubiic interest as well as administrative exigency. This Court has limited jurisdiction to interfere in the transfer matter and thls Court can intsrfere oniy in the case of proved meta ftde, non-competence of authority passing the transfsr order and transfer order not bsing in conformity with the ruies and reaulations. In view of the above. the writ petition stands dlsposed of. No order as to costs. Sd/- satiA K. Agnihotri Judge <30?a^