M HIGHCOURT OF CHHATTISGARH AT BILASPUR S.B. : BON'BLE MR. SATI8H K. AGNIHOTRI, J. WRIT PETITION (S) No. 3918 of2005 £> Gajanand Swamakar Asstt. Teacher, M.S. Jagnapali, Block-Beramkeia, Distt. Raigarh (C.G.) VERSUS 1. Secretary, throu^i, Sehool Education Deptt. D.K.Bhavan Raipw(C.G.) . 2. Collector, SC/St Welfare Deptt. Mstt-Raigarh. 3. Block Education Officer, Block- Beremkela, Distt. Raigarh (C.G.) Present: None appeani for the petitioner. Shri Sushil Dubey, Govemment Advoeate for the State/respondents. ORDER (Passed on 15th Mazch2007) 1. The petitioner, while working as Assisto.nt Teacher at Middle School JagnapaJi, District Raigarh, was transfen-ed to Primary School Khairal, on fte same tenns and conditions vide impugned order dated 06.09.2001 (Annexure A/l). 2. The Madhya Pradesh Administrative Tribunal at Raipur vide interim order dated 31.12.2001 direeted to mamtain status quo in regard to the position of the petitioner as was prevailing on 2 01.10.2001. By virtue of the interim order the petitioner is continuing at the original place ofposting. 3. Be that as it may, with the passage of time tfais pstition has become inlhictuous as period of transfsr is not applicable forever. At this point oftime, there is no question to examine the validrty of the transfer order. However, the respondents are at liberty to pass appropriate order keeping in view tfae public interest and administrative exigency, without insisting on compliance ofthe impugned transfer order. 4. It is well settled principle of law that transfer is an incident of service and it is for the employer to decide as to where a partieular officer/employee be posted, keeping ia view publie interest as well as administrative exigency. This Cpwrt has limited jurisdwtioa to jnterfere in the traasfer matter and this Court can interfere only in tiie case of proved malafide, non- competenoe of authority passing the transfer order and transfer order not being in confonnity with the rules aad regulations, 5. In view ofthe above, this petition slands disposed of. No order as to costs. Sd/- Satish K. Agnlhotri Judge Amit