HIGH COURT OF CHHATTI8GARH AT BILASPCR S.B. : HON'BLE MR. SATISH K. AGNIHOTM, J. N WMT PETITION (S) No, 3^5 15 PETITIONER RESPONDENTS Vinod Upadhyay S/o Dsyashankar Upadhyay, Age - 37 years Astt. Teacher G.M.S. Seadrimuda Blcwk Kunkuri Distt. Jashpur. VERSUS 1. Secretary, through Chfaattisgsrh govt. school Education department, D.K. Bhawao, Raipur(C.G.) 2. Director, Public Institutional Deptt, Raipur (C.G.) 3. Distt. Education Officer Jashpur (C.G.) Shri Sushil Dubey, Govemment Advocate for the ts. ORDER th (Passed on 15ulMarch2007) 1. The petitioner, while working as Assistant Teacher at Middle Sohool Sendrimuda,, District Jashpur, was transferred to Middle School Parsada Bade, District Raigarh, on tfae same terms and conditions vide impugned order dated 29.09.2001 (Annexure I- 2. The Madhya Pradesh Administrative Tribunal at Raipur vide interim order dated 24.11.2001 directed to maintain status quo in 44; 8- regard to the position of the petitioner as was prevailiag on 08.10.2001. By virtue of the interim order the petitioner is continwng at the original place ofposting. 3. Be that as it may, with the passage of time this become infructuous as period of transfer is not applieable forever. At this point oftime, there is no question to examine the validity of the transfer order. However, the respondents are at iiberty to pass appropriate order kseping in view the public interest and administrative exigency, without insisting on compiiance ofthe impugned transfer order. 4. It is well settled principle of law that trensfer is an incident 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 admiaistrative exigency. This Court has limited jurisdiction to interfere in the transfer matter and fliis Court can iaterfere only in tfae case of proved malafide, non- competecce of authority passing the transfer order and transfer order not beiflg in conformity with the rules and regulations. 5. In view ofthe above, this petition stands disposed of. No order as to costs. 'e Amit