HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition fs) No. 3829 of 2005 Applicant Respondents Versus :1. 2. 3. Lok Nath Patel, Son of Shri Heeradhar Patel, Aged 42 years, Assistant Teacher, Posted at Primary School Chandrapur, Block Dabhara, District Janjgeer-Champa (Chhattisgarh) State of Chhattisgarh, Through Secretery School Education Department Mantralaya, D.K.S. Bhavan, Raipur (Chhattisgarh). Director, Public Instructions Chhattisgarh, Pension Bada, Raipur (Chhattisgarh). District Education OfRcer, District Janjgeer-Champa. SB Hon'ble Shri Satish K. Aanihotri. J. Present: Mr. Anupam Dubey, Advocate for the petitioner. Ms. Sunita Jain, Panel lawyerforthe respondents/State. *f ORDER (Passed on this 14th day of March, 2007) 1. The petitioner, while working as Assistent Teacher at Primary School Chandrapur, was transferred to Primary School, Govindpur, on the same terms and conditions vide impugned transfer order dated 10.9.2001 (A/1). 2. The Madhya Pradesh State Administrative Tribunal, Bench at Raipur, vjde interim order dated 25.9.2001, directed to maintain status quo in regard to the position of the petitioner as was prevailing on 20.9.2001. By virtue of the interim order, the petitioner is continuing atthe original piace 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. 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 "' ^& ^ Thakur appropriate orders keeping in view the public interest and administrative exigency, without insisting on compliance of the impugned transfer order. 4. It is well settled principle of lav/ that transfer is an inddence 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 jurisdiction to interfere with the fransfer 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/- SatishK.Agnihotri Judge