^ /'-' HIGH CQURT OF CHHAmSGARH AT BILASPUR S.B. : HON'BLE MR. SATI8H K. AGNIHOTM, J. WRIT PETITION (S) No. 3967 of2WS PETITIONER RESPONDENT8 Smt. Kumudini Yadav, W/o Shri P.G.Yadav, aged 45 years, Assistant Teacher, Govt, Primaiy School, Seetor-5, Balco, District Korba (C.G.) VERSUS 1. State of Chhattisgarh, Through Secretary, School Education Department D.K.S. Bhawan, Raipw (C.G..) 2. Director, Public Instructions, Cfahattisgarh, Pension Bada, ^ipur (C.G.) 3. Dist. Education OfHcer, Korba, Distt.Korba(C.G.) 4. Assistant Commissioner, Tribal Development Department, Korba, Distt.Korba(C.G) Present: Shri Manoj Kumar Dubey, Advocate for the petitioner. Shri Sushii Dubey, Govemment Advocate for the ORDER (Passed on 15th March 2007) The petitioner, while working as Assistairt Teacher at Government Primary Schoo!, Sector-5, Balco, District Korba, was transferred to Primary School, Bakbada, on the same terms SgS'BM® -:^^.^ 3. 4. and eonditions vide impugned order dated 11.09.2001 (Annexure The Madfaya Pradesh Administrative Tribimal at Raipur vide interim order dated 19.10.2001 directed to maintain stetus quq in regard to the position of the petitioner as was prevailing on 06^102001. By virtue of tfae uiteriin order the petitioner is continuing at the original place ofposting. Be that as it may, with tfae passage of time dris petition has become infhictuous as period of transfer is not applicable forever. At this point oftime, thwe is no question to examine the validity of the transfer order. However, the respoadents are at liberty to pass appropriate order keeping in view the nubfic interest and administrativs exigency, without icsisting on compliaace ofthe impugned transfer order. It is well settled principle of law that traasfer is an inoideat of service and it is for the employer to decide as to wfaCTe a particular ofiicer/employee be posted, fceeping in view public interest as well as administrative exigency. This Court has limited jurisdiction to interfere in the transfer matter and fhis Court can interfere only in the case of proved malafide, noa- competence of authorily passing the transfer order and transfer order not being in confonnily with the rules and regulations. In view ofthe above, to costs. of. No order as Sd/- Satish K. Agnihotri Judge Asmt