^-^ HIGH COURT OF CHHATTISGARH AT BILASPUR S.B. : HON'BLE MR. 8ATISH K. AGNIHOTRI. J. WRIT PETITION (S} No. 3973 of200S PETITIONER RESPONDENTS Ram Prakssh Raktate Assistant Teacher Govemment Primary School No. 1 Dhamtari District Dhamteri (C.G.) VER8US 1. State of Chhattisgarii through Secretaiy, School Education Department Mantralaya Raipur, DistrictRaipur(C.G.) 2. District Education Officer Dhamtari District Dhamtori (C.G.) 3. Principal, GovemmCTt Girls Higher Secnidary School Dhamtari Distriet Dhamtari (C.G.) Present: Shri Y.C.Shanna, Advocate for the petitioner. Sbri Sushil Dubey, Govemment Advoeate for the ORDER (Passed on 15th March 2007) The petitioner, while working as Assistairt Teacher at Govemment Primaiy School No. 1 Dhamteri, District Dhamtari, was transferred to Goveranrent Middle School Mudpar, on the same terms aad conditions vide impugned order dated (AnnexureA/1). "''BW1!!!,'1;- ?• -w ,^,>t, :.J-:; -.K' -..*: ^ 2. The Madfaya Pradesh Adininistrative Tribunal at Raipw vide interim order dated 12.11.2001 directed to maintain stetus quo in regard to the position of the petitioner as was prevailing on 06.10.2001. By virtue of the interim order the petitioner is continuing at Ihe original place ofposting. 3. Be that-as it may, witfa the {»ssage oftime Ihis petition has become inlnictuous as period of transfer is not applicable forever. At this point oftime, 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 complianee ofthe impugned transfer order. 4. It is wetl settled principle of law tfaat tiansfer is an incident of service and it is for tiie employer to decide as to where a particular oificer/employee be posted, keeping in view public interest as well as administrative exigency. This Coun has limited jurisdiction to interfere in the transfer matter and this Court can interfere oniy in the case of proved malafide, noa- competence of authority passing the transfer order and traasfer order not being in eonformity witii fhe mles and regulations. 5. In view ofthe above, this petition stands disposed of. No order as to costs. Aimt