— ^^^l|]j|il|:^ .^•ss:^^1 •1~§1:).[1; ysK' WK(S)N<>;^^9bf2G{» PetiUoner Vereus Respondente 1. Smt Sunita Khanldioje, W/o Shri Dip^t Khankhoje, aged stoout 38 years, Upper Divisfon Teschw, Govt. Middle School, Pumphouse, District Korba(C.G.) Steite of Chhatfisgarti, Through Secretary, School Educadon Departmpnt, D. K. S. Bhawan, Raipur (C.G.) 2. 3. 4. Director, Public Insfructions, Chhattisgarti, pension Bada, Raipur (C.G.) Distt. Education Officer, Korba, Distt. Korba (C.G.) Assistant Commissioner, Tribal Development Depatrtmsnt, Korba, Distt. Korba (C.G.) SB: Hon'bie Mr. Jusfjce Satish K. Agnihofri, J Shri Manoj Kumar Dubey, Advocate for ths pefa'tioner. Shri Sushil Dubey, Govt. Advocate for the respondente/Stete. ORDER (Passed on this 1^ day of March, 2007) The following order of the Court is passed by Safish K. Agnihotri, J. 1. The petitioner white woridng as Assistant Teacher at Govt. Mkldle School, Pumphouse, Disfrict- Korba was transferred to Podikhoha, on the same terms and conditions, vide impugned order datedl 1.9.2001 (Annexure A/4). 2. The Madhya Pradesh Administrative Tribunat at Raipur vlde interim order dated 19.10.2(M31 cfirected to maintain status quo in regard to the posJUon of 8ie peStioner as was prevaiiing on 6.10.2001. By virtue of the interim order the petitioner is confinuing at the original ptace of posting. 3. Be that as it may, with the passage of time this petifion has become inftuctuous as period of transfer is not applicable (brever. At this point of time there is no question to examine the ^lidity of the transfer Amit order. However, the respondents are at liberty to pass appropriate orders keeping in view the public interest and administrative exigency, without insisting on compliance of the impugned transfer order. 4. It is well setUed principle of (aw that transfer is an incident of service and it is for the emptoyer to decide as to where a particular ofRcer/employee be posted, keeping in view public interest as well as administratiw exigency. This Court has limited jurisdiction to interfere with the fransfer matter and this Court can entertain judrciat review only in the case of proved malafide, non-competence of authority passing the tran^er order and transfer order not being in conformity with the rules and regulations. 5. In view of the above, this petition stands disposed of. No order as to Satish K. Agnihotri Judge 1