r— HIGH COl^T OF CHMAniSGARH AT BILASPUR W.P.(S^ No. 3835 of 2005 Petitioner Humendra Kumar Chandrakaer, Asstt. Teacher, Mkfcite School Khaira, Trtbal WeWare Department, Donditohara, DURG. Versus Respondents 1. State of Chhattisgarh, Through the Secretary, Schoot Education Oepartment, B. K. Bhawan. Raipur 2. Director, School Educafion Department, pension Bara, Raipur 3. Dlsfrict Education Officer, Durg. SB: Hon'bte Mr. Jusfice Satish K. Agnihotri, J Shn A. K. Jha, Advocate for the petitioner. Shri Sushi! Dubey, Govt. Advocate forthe respondents/State. ORDER (Passed on this 14ttl day of March, 2007) The following order of the Court is passed by Satish K. Agnjhotrt, J. 1. The petitioner while working as ^sislant Teacher at Middle Schoot, Khaira, Dondilohara, District- Durg was transferred to Micklte School, Mudiya, on the same terms and conditions, vide impugned order dated 6.9.2001 (Annexure A/1). 2. The Madhya Pradesh Administrative Tribunal at Raipur vide iirterim order dated 27.9.2001 directed to maintain stsrtus quo in r^ard to the position of the petftSoner as was prevaittng on 20.9.2001. By virtue of the {nterim order the petjtioner is continuing at the original place of posting. 3. Be that as it may, with the passage of time this petifion has become infructuous as period of transfer is not applicable forever. At thls point of time there is no qu^tion to examine the valldify of the fransfer order. However, the respondents are at Jiberty to pass appropriate orders keeping in view the publie interest and adminjstrative exjgency. without insisting on compliance of the impugned transfer order. .Sta&ai.Aa.^saE^ Thakur 4. It is well settled principte of law that transfer isan jneident of service and it js for the emptoyer to deckte as to where a particular officer/employee be posted, keeping in view publfc Snterest as well as administrafive exigency. This Court has Hintted jurisdiction to jnterfere with the transfer matter and this Court can entertain judicial rwiew only in the case of proved malafide, non-competence of authority passing the fransfer orcter anct transfer order not being in conformity with the rutes and regulations. 5. In view of the above, this petition slands disposed of. No order as to coste. Sd/- Satish K. Agnihotri Judge