Sing le Banch IN THE HIGH COURT OF JUDICATURE CHHATTISGARHAT BILASPUR W.P.NO. ^(-:-l93 / 2004 -t,: petit1^^^^^^^^^^ ^ ^-^•^ .^;;^.- ^'"^6 Resuondents Versus .p^ 3. Smt.Asha Baksh W/o LatG Chandrakant Baksh, Aged about 50 years, Working as StafT Nurse at Priruary Healfh Centre Mbhala, Dist : Rajnandgaon- (C.G.) , ; StateofChhattisgarh Throguh Secretary Health Departmfint. Chief Medical Health OffiGer, E)ist,: Rajnandgaon -.(C.G.) Block Medical and Health OfBcer Primary Health Centre Dongargarh / Mohala, Dist : Rajnandgaon-(C.G.j WRIT PETITION U/A 226 / 227 OFTHEeONSTITUTIQNOFINDIA HISHCOURTOFGHHATTISGARHATBfLASPUR W.P.No. 4799 of 2004 PeSfoner Smt. Asha Bateh Versus Respondsnts StateofChhattisgarh&others SB: Hon'bte Mr. Jusfice Safish K. Agnihotti, J ShriSantoshBharat,Advocateforthepetitioner. — Shri Ajay Owivedi, Panef Lawysr forfterespondente/State. ORDER ( Passed on this23rel day of Fabruary, 2007) The following order of ttie Gourtis passed by SaSsh K. Agnihotri, J. 1. Ths peStion&' Vitiile woriangas Staff Nurse in Primary Health Center, Mahala, Rajnandgaon was transfsrred to C(antCT?ada, on ttie same terms and condlffons vide impugned traRsfer orderdated 4.11.2004 (Annexure P13). 2. This Courtvide interim order dated 14.1.2005 directedthatnot to give eff^ttofte transferorder. ifSie pefifioher vras not already relievsd. 3. Bs friat as ft may, with the passage of {ime this petifion has become infructuous as penod of transfer is not applteabls forever. At this point of time there is no guesBon to examine ths vaiidity of Itie fransfer order. Howevrer, the r^pondsnts ars at liberty to pass appropriate ordsrs keeping in w'ew the public interest andadmjnjstraUve exigency, v/ithout insisting on co?npliance of the impugned fransfer order. 4. it is ws!l settled principle crf lav/that transfer is an incldent ofservice and ft is for the empioyer to decide as to where a parScular ofRGer/employee be posted keeping in view public jnterest as well as administraCvs eMgency. This Court has limited jurisdiction to interfere in the transfer matter and this Court can interfere only in the case of prowd mafafide. non-competence of authority passing the transfer order and fransfsr order not bsing in conformity with Bis Tutes and regulaSons. 5. !n view of the above.Uiis pefition standsdisposed of. No order as to ^coste. ' .. /~—— r:—-—— Sd/'- y SatisiiK. Agnihotn Judge Thakur . . ../. (.-;•