l^ HIGH COURT OF CHHATTISGARH AT BILASPUR W.P.(S) No. 3805 of 2005 Petitioner 1. 2. 3. 4. Versus Respondents 1. 2. Dayakishor Ekka, Astt. Teacher, P.S. SaraipaU, Btock- Tamnar, Distt. Raigarh (C.G.). C. B. Choudhary, Astt. Teacher, M.S. Mahtoi, Bfock - Tamnar, The.- Gharghoda, Distl. - Raigarh (C.G.). Dhanurjay Pd. Patet, S/o Shri H. Patel. Age - 36 yeara, Astt. Teacher. Govt. Giris M.S. Godhi, Bfock - Tamnar, The. Gharghoda. Dlstt. Raigarh (C.G.) Ashok Ku. Sahu, S/o Shri P. Sahu, Age - About 32 years, Astt. Teacher. M.S-Samkwa, Btock - Tamnar, CKstt. Raigarh (C.G.). Secretary. through Chhatttegarh govt. Education deparbnent (Schod) D.K.Bhawan, Raipur (C.G.) CoUector. through Sc/St & Weffiare department, Raigarh (C.G.) SB: Hon'ble Mr. Justice Satish K. Agnihotri, J Shri H. K. Sahu, Advocate for the petitioners. Shri Sushi! Dubey, Govt. Advocate for the respondenls/State. ORDER (Passed on Ihis 14th day of March, 2007) The followmg order of the Court js passed by Satish K. Agnihotri, J. 1. The petitioners while woriang as Assistant Teacher at rospective Schools <n Disfrfct- Raigarh were fransferred, on the same terms and condjfions, vide tmpugned order dated 31.7.2001 (Annexure A^1). 2. The h4adhya Pradesh Adnttnistrative Tribunal at Raipur vide tnterim order dated 22.9.2001 directed to maintain ^tus quo (n regard to the positjon of the petitioner as was prevaiMng on 18.9.2001. By virtue <rf the interjm order ^ie pefflloners are continuing at the origlnat ptace of posting. 3. Be that as tt may, wth the passage of time this petition has become infrucluous as period of transfer is not applfcable forever. At this point -f3 Thakur of time there is no questfon to examine the vaBdity of the transfer order. However, the respondents are at liberty to pass appropriate orderskeeping jn view the pubRc interest and admimstrative ex^ency, without insisting on compliance of the impugned transfer order. 4. St is well settled principte of law that transfer is an incident of service and it is for the emptoyer to decide as to where a particular officer/emptoyee be posted. keeping in vlew public interest as well as administrafive exigency. This Court has Bmlted junsdictfon to interfere with the transfer matter and this Court can entertain judicial review onty in the case of proved malafide, non-competence of authority passing the fransfer order and transfer order not being in conformify with the rulesand resulations. 5. In view of the above. thts petition stancte disposed of. No order as to coste. Sd/- Satish K. Agnihotri Judge