r HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition fsl No. 3823 of2005 Petitioner Respondents Versus :1. 2. 3. Virendra Kumar Sharma, Aged about 42 years, S/o Late Shri Shyamtal Sharma, Assistant Teacher, Government Primary SchooJ, Kaitashnagar, Durg, District-Durg (C.G.). State of Chhattisgarh, Through- Secretary School Education DepartmenVMantralaya, D.K.S. Bhawan, Raipur (C.G.) District Education Officer, DistriGt-Durg (C.G.). Block Education Offlcer, Block-Durg, District-Durg (C.G.). SB Hon'ble Shri Satish K. Aanihotri. J. Present: Mr. S.K. Thomas, Advocate for the peBtioner. Ms. Sunita Jaln, Panei fawyer for the respondents/Stete. ORDER (Passed on this 13th day of March, 2007) 1. The petitioner, while working as Assistant Teacher in Primary School, Kailashnagar, was transferred to Primary School, Khurdipar No. 2. on the same terms and conditions vide impugned transfer order dated 6.9.2001 (P/1). 2. The Madhya Pradesh State Administrative Tribunal, Bench at Raipur, vide interim order dated 24.9.2001, directed to maintaJn stefais quo in regard to the position of the petitioner as was prevailing on 19.9.2001. By virtue of the interim order, Vhe petitioner is continuing at the original place of posting, 3. Be that as jt 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 examlne the validity of the transfer order. However, the respondente are at liberty to pass appropriate orders keeping in view the public interest and administrative exigency, wiftiout insjsting 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 administrative 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 ttie transfer order and transfer order not being in conformity with the rules and regutations. 5. In view of the above, this petition stends disposed of. No order as to costs. Thakur Sd/- SatishK.Agnihotri Judge /I