\/gmgia 8mm 9 @ H‘i THE HEGH C§URT€ OF EHEATTISGARI-I JUBIC TURE AT BELA§PLTR Petitianer W § w. P. No. &é7 L. z 2004 Manglu Ram Dhruw, Aged abbut 59 Years, S/o Late Vishram Singh Duruw, R/o LaJ Bagicha, Chota Gaura Chaura, N6ar Ramu Kirana Stones, Ward—2 Dhamtari, Dist : Dhamtari—(C.G.). State of Chhattisgarh Through The S€cretaly, Public Health Engineering Department,D.K.S.Bhawan, Raipur—(C.G.) The Additional Secretalyf. Public Health Engineering Department,D .K.S.Bhawan, Raipur—(C.G.) The Executive Engineer, Public Health Engineering, Division — Dhamtam Dist : Dhamtari—(C.G.) RIT PETITION UIA 226 l 227 OF THE CONSTETUTION QF INDIA M / W Hi§H COURT OF CHHATTISGARH AT BILASPUR WP. No. 4672 of 2004 Petitiener Manglu Ram Dhww Versus Respondenm State cf Chhattisgarh & others 55: Hon'ble Mr. Justice Satish K. Agnihotri, J Shri Santosh Bharat, Advocate for the petitioner. Miss Deepali Pandey, Pane! Lawyer for the respandeni‘s/State. O R D E R ( Passed on this 23rd day of February, 2W7} The foHowing order of the Ccart is passed by Sarish K. Agniho:ri, J. 1. The petitioner while warking as Handpump Mechanic Pubiis Heatth and Engineering Department at Dhamtari wee transf rred to Jagdatpur, g, an the same terms and conditierrs vide impugned transfer erder dated 1 1 .4. 1 .2004 (Annexure P/Z). 2. This Court wide interim order dated 8.12.2004 granted stay ef the transfer order. 3. Be that as it may. with the paesage of time this petition has become infructueue as period of transfer ie net eppiicabie forever. At this point ef time there is no question to examine the validity of the transfer order. However. the respondents are at iiberty to pass aepropriate orders keeping in View the pubiic interest and administrative exigency, without insisting on compliance of the eariier transfer order. 4. it is weii settled prinoiole of law that transfer is an incident of service and it is for the employer to decide as to where a particular oitioer/empioyee be posted keeping in View pubiie interest as weii as administrative exigeney. This Court has limited jurisdiction to interfere in thetransfer matter and this Court can interfere oniy in the case of proved maiatide, non-competence of authority passing the transfer order and transfer order not being in conformity with the rules and reguiations. 5. in view of the above. this petition stands disposed of. No order as to costs. Sd/- Satish K. Agnihotri Judge Thekur