. @ HIGH COURT OF CHHATTISGARH AT BILASPUR 8.3. : HON’BLE MR. SATISH K. AGNIHOTRI, J. WRIT PETITION (S) No. 4028 or gag Smt. Alveena' Tirkay with of Shri Sharan Kuzur, Age 42 years, Assistant Tcacher, Posted at Primary School Akhora Khurd, Biock Rajkot District Sarguja (C,G,) VERSUS : 1 State of Chhattisgarh, Through Secretary, ‘Tn'bal Weifare Department, , DJQSo Bhawani Mantralaya, Raipur Chhattisgarh. , Commissioner, Tribal Development Department, Divisiom-Bilaspur. . Assistant Commissioner, Tribal Development Department, District Sarguja (C.G,), ~ PETITIQNER Present: , Shri Anupam Dubey, Advocate for the petitioneri Smt. Anj‘u Abuja, Deputy Government Advocate for the State/respondents. ORDER (Pa’ssed on 19m March 2007) The petitioner, while working as Assistant Teacher at Primary School, Akhora Khurd, Block Rajpur District Sarguja, was transferred to Primary School Jigdipara, Rajpur, on the same terms and conditions vide impugned order dated 05:102001 (Annexme A/l )V , RESPONDENTS Thg Madhva Pradsgh Administrativg Tribunal at Raipur vide r interim/ordgr dated 27,1 1-.2001 directgd to maintain Status quo in regard to the position of the petitioner as was‘prevailing on 1210,2001: By virtug of the intcrim ordor tho'potitionor is. continuing at tho origiiial glaco of posting, Bo that as it may; with the passage of timg this patition has become in£ructuous as period of transfer is not applicable forever. At this point of time, 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 publie‘ interest and administrative exigency, without insisting on compliance ofthe impugned transfer order, It is well settled principle of law that transfer is an incident of sewice 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 exigencyl This Court has limited jurisdiction to interfere in the transfer matter and this Court can interfere only in the ease of proved rnalahdei non- competence of authority passing the transfer order and transfer order not being in conformitywith the rules and regulations. In View ofthe above; this petition stands disposed of. No order as to costs. sw— Sansh K. Agnihotri l Judge H ‘i v