1N THE HIGH COURT OF JUDICATURg AT BILAsPUR‘ W w.g. No. 33 18 (2004 «a. 6 T o W Shyam Kishore Jaiswal, S/o. Shri Kismiss Prasad Jaiswal, aged about 39 years; R/o‘ ViHage Post Pandri, Tehsil Waderafnagar, Ambikapur, District Surguja, Chhattfsgarh VERSUS RESPONDEETS : 1. State of Chhattisgarh, Tribal Welfare Department, , D.K.S. Bhawan, Mantraiaya, Raipur, Chhattisgarh Through: Secretary, 2. The Comniiésioner, Tribal Welfare Department, Chhattisgarh 3. The Collector, Tribal Welfare Department, Ambikapur, District Surguja, Chhattisgarh The Assistant Commissioner, Tribal Welfare Department, Ambikapur, District Surguja, Chhattisgarh 5. The Block Education Officer, Waderafnagar, Ambikapur, District Surguja, Chhattisgarh WRIT PETITION U§DER ARTICLE 226(227 OF THE CONSTITION OF INDIA a The petitioner named above most humbly and respectfully begs to submit as under:— % HQGH COURT OF CHHATTSSGARH AT EELASPUR SINGLE BENC‘H HGN 3LE MR $ATISH K AGNiHGTRi J WRIT PETITION NO.3928 OF 2004 Petitioner : Shyam Kishare Jaiswal VeYSLiS Resnondems : State of Chhattisgarh and others Pmseni : Mr ManOjParampe counseitorthe petitioner Ms Deepa': Pandey, Pane! Lawyer for the Smtefrespondents ORDER ¥ x (Passed on 22m Day af February; 2007) E'he petitioner, while working as inpharge Circie Organiser in the Education Department at Lodhi, Waderafnagar has been ttansferred to the Primary Schoai Bhojpur, Kusmi, vide crder dated 31- 7—2004 (P-i 5). 2. .wiNo stay order was granted by this Court in this matter. The transfer order must have been executed by the respondents. 3. Be that as it may, with the passage of time, this petition has become Enfructuous as period of transfer is not applicabie forever. At this point of time, there is no question to examine the vaiidity of the impugned transfer order. However, the respondents are at liberty to pass appropriate orders'keeping in View the public interest and e administrative exigency, withcut insisting on compliance of the imnuqned transfer order. 4. §t is we” sewed principle of iaw that transfer is an incident of service and it is for the empioyei' to decided as to where a particula! officerlempioyee be pested keepiag in View public intereSt as weil as administrative exigency. This Court has iimited jurisdiction to interfere in the transfer matter and this Court can interfere oniy in the case of proveé male fide, non-competence of authority passing the transfer order and transfer order not being in conformity with the ruie‘s and reouiations. 5. in view of the above. the writ petition stands disposed of. No order as to costs. ‘i V Sd/— Saosh K. Agnihw‘is‘ Judge