il;'' HIGH COURT OF CHHATnSGARH AT BILASPUR W.P.(S) No. 3949 of 2005 Petifioner O. K. ShuMa, S/o Lt. N. K. Shukla, Astt. Teacher - M. S. Sambalpuri, The. & Distt. Raigarh (C.G.) Vereus Respwidente 1. Secretary, throi^h Chhattfsgarh govt. schoo! Education department, D.K. awan, Raipur (C. G.) 2. CotteCtot. Raigarh (C.G.) 3. Dtett. Educafen Offteer, Raigarh (C.G.) SB: Hon'bt®Mr. Justice SaUsh K. Agnihotri, J Shri R. K. Achafya. Advocatefor the peBSoner. Shri SushH Dubey, Govt. Advocate for the r^ponctents/Stete. ORDER ( Passed on this 16tt day of March, 2007) The following order of Uie Court is passed by Sadsh K. Agnihotri, J. 1. The petitioner white worldng as Assistant Teacher at Middle School, Sambalpuri, District- Raigarh was transferr^f to Mkldte School, Andota, BIock - Sarangarh. on the same terms and conditions, vfde impugned order dated 31.7.2001 (Annexure A/1). 2. The Madhya Pradesh Administrafiw Tribunal at Raipur victe interim orderdated 17.10.2001 cBrected to maintain status quo in regard tothe position of the petitioner as was prevailing on 4.10.2001. By virtue of the interim order the petitioner is continuing at the originai ptece of posSng. 3. Be that as it may, with the passage of time this petffion has become infructuous as period of transfer is not applicable forever. At this point of fime.there is no question to examine the validity <rf the transfer order. However, the respondents are at liberty to pass appropriate orders keeping in view ttie publte interest and administrattve exigency, without insisting on compliance of the impugned transfer order. 4. lt is well settted principle of law that transfer is an incident of seivice and it is for the employer to decide as to where a particutar (rfRcer/employee be posted, keeping in view publte interest as well as administrative eMgency. This Court has limited jurisdfction to interfere with the transfer matter and this Court can entertain judfcial review onty in the case of proved malafide, non-competence of authority passing fte fransfer order and transfer order not bemg in conformity with the rules and regulaCons. 5. In view of the above, this petition stands disposed <rf. No order as to cosSs. flnu't-