<-'. HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petitson fs) No. 3895 of2Q05 Applicant Respondents Versus :1. 2. PNllUliiiiiik.,^ 3. Neelkanth Sahare, Son of Shri Kamal Singh Sahare, Age 43 years, Assistant Teacher; Posted at Primary School Bhulandabari, Block Gurur, District Durg (Chhattisgarh) State of Chhattisgarh, Through Secretary, School Education Department, Mantralaya, School Education, D.K.S. Bhawan, Raipur. The Secretary, Tribal Welfare Department, Ministry ofTribal Welfare Department, Mantralaya, D.K.S. Bhawan, Raipur Chhattisgarh. The Collector, Tribal Welfare Department, Durg (Chhattisgarh) O.SB Hon'ble Shri Satish K. Aanihotri. J. Present: Mr. Anupam Dubey, Adyocate for the petitioner. Ms. Sunita Jain, Panel lawyerforthe respondents/State. ORDER (Passed on this 14th day of March, 2007) 1. The petitioner, white working as Assistant Teacher at Primary School, Bhuiandabari, was transferred to Primary School, Bhainsmudi on the same terms and conditions vide impugned transfer order dated 6.9.2001 (A/1). 2. The Madhya Pradesh Stete Administrative Tribunal, Bench at Raipur, vide interim order dated 6.10.2001, directed to maintain status quo in regard to the position of the petitioner as was prevailing on 28.9.2001. By virtue of the interim order, the petitioner is continuing at the original place of posting. 3. Be that as it may, with the passage of time this petition has become infructuous, as period of transfer is not applicable forever. 2 t' Thakur At this point of time there is no question to examine the validity of the transfer 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 jmpugned transfer order. 4. It is well settled principle of law that transfer is an incidence of service and it is for the employer to decide as to where a particular officer/employee be posted keeping in view public interest as well as administrative exigency. This Court has limited jurisdiGtion to interfere with the transfer matter and this Court can entertain judicial review only in the case of proved malafide, non- competence of authority passing the transfer 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 costs. ____ Sd/- Satish K. Agnihotri Judge