© HIGH COURT OF CHHATTISGARH AT BILASPVR S.B. : HON'BLE MR. SATISH K. AGNIHOTRI. J. WRIT PETITION (S) No, 3997 of2(M»5 RESPONDENTS Kumari Satyawati Kiado, D/o Shri Biyajar Kindo, age 44 years, Prinoipal, Higher Secondary School Darima, District Surguja, Chhattisgarh. VERSUS 1. State of Chfaattisgarh, tfarough - Secretary, Tribal Welfare Department Mantralaya, D.K.S. Bhawan, Raipur C.G. 2. Coinmissioser, Tribal Welfare Department, Chhattisgarh, Raipur. 3. Assistant Commissioner, Tribal Welfare Department, Ambikapur, District Surguja, Chhattisgarh. Shri V.K.Sahu, Advocate for the petitioner. Shri Sushil Dubey, Govemment Advocate for the ORDER (Passed oa 16th Maish2007) The petitioner, while working as Principal at Higher Secondary ichool, Darima District Surguja, was transferred to Higher Secondary School, Batauli, on the same terms and conditions vide impugned order dated 28.08.2001 (Annexure A/l). 2. The Madfaya Pradesh Administrative Tribunal at Raipur vide interim order dated 15.10.2001 directed to maintain statos quo in regard to the position of the petitioner as was prevailing on 10.10.2001. By virtue of Ihe interim order the petitioner is continuing at the origina! place ofposting. 3. Be thftt as it may, with the passage of time this petition has become infructuous as period of transfer is not applicable forever. At this point oftime, there is no question to examine the validity of the transfer order. However, the respondents are at liberty to pass appropriate order keeping in view the public interest and admmistrative exigeney, witfaout insisting oc compliance ofthe impugned traasfer order. 4. It is well settled principle of law that transfer is an incident of service and it is for the amployer to decide as to where a particular officer/employee be posted, keepiag in view public interest as well as administrative exigency. This Court has limited jurisdiction to interfere in the transfea' matter and this Court can iaterfere only in the case of proved malafide, non- competence of authorily passing the transfer order and transfer order aot being in conformity with the roles and regulations. 5. In view ofthe above, this petition stands disposed of. No order as to costs. Sd/- Satish K. Agnihotri Judge Aimt