HIGH COURT OF CHHAmSGARH AT BI(.^PUR W.P.(S) No.33a)of2(»5 Petitioner Anand Kumar Chauhan, Son of Shri Tej Ram Chauhan, Age - 46 yeare, Assistant Teacher, Primary School Choottdpara, Block Patthalgaon, District Jashpur, Chhattisgarh. Vereus Respondente 1. State of Chhattisgarh, through Secretary, School Education Dspartment, Manh-ataya, D. K. S. Bhswan, Raipur, Chhartfisgarh 2. Director, Public instructions, Pension Bada, Raipur, Chhattisgarh. 3. District EducaUon Offteer, District Jashpur, Chhattisgarh SB: Hon'bte Mr. Justice Satish K. Agnihotri, J Shri Ramakant Mishra, Advocate for the petiSoner. Shri Sushil Dubey, Govl. Advocate for the respondents/Stete. ORDER ( Passed on this 16* day of March, 2007) The foilovw'ng order of the Court is passsd by Safish K. Agnihobi, J. 1. The peSSoner whtle working as Assistant Teacher at Primary School, ChooUdpara, Biock - Patthatgami, District- Jashpur was fransferred to Mkldte School, Purunga, Block - Dharmjaigarh, on the same terms and condffions, wde impugned orderdated 29.9.2001 (Annexure A/1). 2. The Madhya Pradesh Administrative Tribunal at Ralpur vide interim order dated 23.10.2001 directed to maintain status quo in r^ard to the position of the petitioner as was prevailing on 8.10.2001. By virtue of the interim order the petitioner is continulng at the original place of posting. 3. Be ttiat as it may, with the passage of time this petition has bwome infructuous as period of transfer is not appticable forever. At ttiis point of time there is no question to examine the validtty of the transfer order. However, the respondents are at liberty to pass appropriate Amit orders keeping in view the pubdc interest and administrative exigency, without insisting on comptiance ofthe impugned transfer order. 4. It is wei! settted principle of law that transfer is an incident of seivice and it is for the employer to decide as to where a particular officer/employee be posted, keeping in vlew public interest as welt as administrative exigency. This Court has limited jurisdfction to interfere with ttie transfer matter and this Court can enfertain judicial review only in the cass of proved malafide, non-competence of authority passing the fransfsr order and transfer order not being in confonnity wth the rutes and regulations. 5. In view of the above, this petition stands disposed of. No order as to Satish K. Agnihotri Judge