HIGH COURT OF CHHATTISGARH AT BILASPUR S.B. : HON’BLE MR. SATISH K. AGNIHOTRL J. WRIT PETITION @J.So. 4042 of 2QQ§ l’ETITIONER : Swarajsingh 5/0 Indrajitsingh Sidar, aged about 51 years, Occupation Assistant Teacher Government Primary School Barmuda, i Development Block Tamnar, Tehsil ‘ Gharghoda, District Raigarh C.G. VERSUS RESPONDENTS : 1. State of Chhattisgarh, through: - Secretary, . School Education Department, D.K.Bhawan, Raipur, Chhattisgarh, 2, Collector, Txibal Development Education Department Raigarh Distn'ct Raigarh, Chhattisgarh. Present: Shri K,K.Sh1ikla, Advocate for the petitioner. Shri Sushil Dubey, Government Advocate for the State/respondents. ORDER ‘ (Passed on 16m March 2007) 1. The petitioner, while working as Aseistant Teacher at Government Primary School Barmuda, Development Block Tamnan Tehsil GharghodakDistnct Raigarh, was traneferred to Primary School, Kathrapara {Lipti), Development Block Dharamjaigarh, on the same terms and conditions vide impugned order dated 31 £72001 (Annexure A/l ). r/// The Madhya Pradesh Administratie Tribual at Raipur vide interim order dated 05.01 .2002 directed to maintain stains qua in regard to thg position of the petitior as was prevailing on l5.}0.2001. By virte of the nterim orde ’the petitioner is continuing at the origii plac of postiiig. e that as it may, with the passage of time th petitn s beco infmotuous as period of transfer is not applicable forever, At this poiiit of tim there is no question to examine the lidity of the transfer order. However, the respondents are at Iib’erty to pss apropriate order keping in view the public interest and administrative exigencys ithout insting on va a p e w is compliance fthe impugned transfer order. it is well settled incipl of law ha transfer is an ineident of service and it is for the employer to decide as to where a particular Omar/employee be posted; keeping in view pubiic interest as well as administrative exigeneyt This Court has limited risdiction to interfere in the trafer matter and this Court ca interfere only in the ease of proved malafide, non- eompetenc of authority passing the transfer order and transfer order not being in conformity with e ruies an regulations. In View ofthe above? this petition stands disposed of, o order as t0 COStS. d/ S- Satish K. Agnihotri Judge a v n no u i r na o B is io ha me ei o pre tt ju ns n e th d N ‘