|^ttNtt»^, HSGH COURT OF CHHATTtSGARH AT BiLASPUR W.P.CS') No. 3800 of 2005 Petitioner BabuSal Pats!, son of Shrt Chandj Prasad Patet, Asstt. Teacher, posted af Primary School, Baigabhate Kotsmi, Btock Dabhara,District Janjgsr, Chhattisgarh. Versus Respondents 1. State of Chhattisgarh, Through Secretary, School Education Department, Mantralaya, D.K.S. Bhavvan, Rslpur, Chhattisgarh. 2. Director, PubSic instructions Chhattisgarh, Pensson Bada, Ralpur (Chhattjsgarh). 3. District Education OfRcer, Distrjct Janjgir Champa, Chhattisgarh. SB: Hon'ble IVSr. JusSice Satjsh K. Agnshotri, J Shri Anupam Duboy, Advocafe fortho potitionor. Miss Sunjta Jasn, Panet lawyer for the respondents/State. ORDER ( Passed on ihis 13th day of March, 200T) The followjng order of the Courtis passed by Satish K. AgnIhGtri, J. 1. The petitioner whJSe working as Assistant Teacher at Primary Schooi, Baigabhata Kotams, Btock - Dabhara, District - Janjgjr Champa was transferred to Middte School, Parsada. on the same terms and conditions, vlde impugned order dated 10.9.2001 (Annexure A/1). 2. The Madhya Pradesh Admjnistrative Tribunat at Raipur vlds s'ntenm order dated 22.8.2001 directed to maintas'n status quo in regard to the position of the pstttioner as v/as prevaiSing on 17.9.2001. By virtue of the sntsn'm order the petitioner is continuing at the orisjna! ptace of postlng. 3. Be that as st may, w^, the passage of time this petitjon has become snfructuous as period of transfer is not appljcabSe forever. At this point of Sime there is no quesSSon to examsne ^ie validjfy of She transfer ordsr. However, the respondents ars at iiberty to pass appropriats orders keeping jn view the publlc interest and administrative exigency, 'w'tthout insistins on compSSance ofthe ImpygRed trsnsfer order. 4. !t is Vi/eSi settied princjpie of law that transfer is an incident of se.'vice and it is for the empioyer to decide as to where a partscujar officer/empSoyee be posted. keeping in vlew public interest as wel! as adminjstrative exigency. Thss Court has iimited iurisdiction to jnterfere jn the transfer matter and this Court can tnterfere on!y in the case of proved malafide, non-competence of au^iority passjng the transfer order and transfer Order not being in conformlty' with the ruSes and regulations. 5. !n view ofthe above. tiis petition stands disposed of. No order as to costs^ Sd/- SatishK.Agnihotri Judge