MWW HIGH COURT OF JUDICATURE CHHATTISGARH: BILASPUR Single Bench: Hon’ble Shri $ati5h K, Agnihotri, J. W. P. No. 1846 OF 2003 Shri B.D. Guru, counsel for the petitioner. Shn' Pankaj Shn'vastava, Panel lawyer for the respondents] State. None for the respondent No, 3. ORAL QRBER (6“! February, 2006} 1. The petitioner, who was working as Assistant Teacher at the Government Middle School, Saraipali, Block Baramkela, District Raigarh was transferred Vide order dated 28.5.2003 (Annexure P-l) to the Primary School, Parsadih, Block Baramkela, District Raigarh. LO The petitioner has filed this petition impugning the transfer order on the ground that the iaetitioner has been transfen‘ed Petitioner : Framed Yadav, son of Bhagwafi Charan Yadav, aged about 36 yeaw, Assistant Teacher, Government Middle School, Saraipah', Block Baramkcla, District Raigarh (C.G.). Versus Respondeots : 1. State of Chhattisgarh, through Secretary, Department of School Education, D.K.S. Building, Mantralay, Raipur, Distn'ct Raipur (C.G.). 2. Block Education Odicer, Block Baramkela, Distn'ct Raigarh (C.G.). 3. Shri Ram Kumar Choudhary, Assistant Teacher, Primary School, Parsadih, (Baramkela) District Raigarh (0G). V , 9‘4 to accommodate the mspondent No. 3 and as such the same amounts to arbitraxy, illegal a11d malaflde exercise of power. This Court, Vide. ordEr dated 9.7.2003, granted stay of the operation of the impugneci transfer order dated 28.5.2003. The petitioner has continued at the old place of posting ever since. 4. It is well setiied principle of law that transfer is an incident of service mid it is for the employer to decide as to whether a particular officer/’employee be posted in the interest of administration and public. This Court has limited jurisdiction to interfere in the transfer mater and this Court can interfere only in the case of proved malaiide, non—competence of authorities passing the transfer order and not in conformigr with the rules and regulations. In the facts and circumstances of the case, it is not necessary to examine the impugned transfer order at this stage, when the interim relief amounting to final relief has been granted earlier. In the facts of the case, the respondents/authorities are directed not to insist upon compliance of the impugned transfer order. g: (OJ In view of the above, the petition is dismissed. However, the respondents/authorities are at liberty to pass appropriate order as to the posting of the petitioner in the public interest and administrative exigency. No order as to costs. /’ Sd/— A Satish K. Agm'hotri l ”‘_ Judge \ j 7,,i Bablu