HK3H COURT OF CHHATTISGARH AT BILASPUR W.P.(S) No.3852of2aS PetMfoner M. Hussain, Asastant Teacher, Janpad Primary Schoot, Kamhar, Block Lailui^a, District - Raigarh Versus Respondente 1. State of Chhattisgarti, Through Secretary, Tribal Welfare Department, Mantrala^i, Raipur, Distrid- Raipur 2. Coltector, Raigarh, Raigarh (C.G.). SB: Hon'bte Mr. Justice Satish K. Agnihotri, J Shri K. K. Shukia, Advocate for Vhe peUBoner. Shri Sushil Dubey, Govl. Advocate for the respondente/State. ORDER (Passed on this 14th day ofMarch, 2007) The foltowing order (rf the Court is irassed by Satish K. Agnihotri, J. 1. The peBfioner white woridng as toastant Teacher at Jar^ad Primary School, Kamhar, Block - Lailunga, Distrtet- Raigarh was hansferred to Govt. Middle Schooi, Kekrajharia, Raigarh, on the same terms and condittons, vkle impugned order dated 31.7^0)1 (Annexura A/1). 2. The Madhya Prad^h Administrafive Tribunal al Raqair vide interim order dated 3.10^001 dire<^d to maintain status quo in r^fard to ttie positipn of the petttioner as was prevaUing on 22.8.2001. By virtue of the interim order the petitioner is continuing at the origind place <rf posting. 3. Be that as it may, vwth the p«ssageof time this peUtkm tos become . infructuous as period of transfer is nrt applfeabte forever. At this poirt of time there is no question to examine Uie TOlkUty <rf ths transfer order. However, the respondents are at liberty to pass appropriate orders keeping in wew the publk; interest and administrathre exigency, without insisting on complianGe of the impugned transfer order. .'ir'"ira:!T.'iii ^r", ^ 4. It is well settled principle of law that transfer is an inckteitf of servtoe and it is for tte employer to decide as to where a paificular <rfRcer/employee be posted, keeping in view pubte intere^ as well as admini^rafive exigency. This Court has liinited juiisdiction to intarfere with the transfer matter andthis Court can entertam judhaal revtew only in Sie case of proved malafide, non-comp^ence of authorty passK® flie transfer onjer and Sransfer order not being in confonnay with the rules and regulafions. 5. In view of the above, this pefflfon stamte dfeposed <rf. No order as to costs. Thakur