^, HIGH COURT OF CHHATTISGARH AT BILASPUR WritPetition is) No. 3815 of 2005 Applicant Versus Respondents :1. fNUlNNIIWIINNf^ 2. s- Janganna Sidar Son of Shri Bedram Sidar Asstt. Teacher, Primary School Paradarha, District Janjgir Chhattisgar StateofChhattisgarh, Through Secretary School Education Department Mantralaya, D.K.S. Bhavan, Raipur (Chhattisgarh). Director, Pubjic Inustructjons Chhattisgarh, Pension Bada, Raipur (Chhattisgarh). District Education OfHcer, District Janjgir Champa, Chhattisgarh, SB Hon'ble Shri Satish K. Aanihotri. J. Present: Mr. Anupam Dubey, Advocate for the petitioner. Ms. Sunita Jain, Panel lawyerforthe respondente/State. ORDER (Passed on this 14th day of March, 2007) 1. The petitioner, while working as Assistant Teacher at Primary School Badadhara, was transferred to Primary School, Barbhate, on the same terms and conditions vide impugned transfer order dated 10.9.2001 (A/1). 2. The Madhya Pradesh Stete Administrative Tribunal, Bench at Raipur, vide interim order dated 25.9.2001, directed to maintain status quo in regard to the position of the petitioner as was prevailing on 18.9.2001. By virtue of the mterim 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 liberiy to pass appropriate orders keeping in view the public interest and 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 well as admjnistrative 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 costs. Sd/- Thakur Satish K. Agnihotri Judge h^^