w IN THE HIGH ©OURTOE GHHATTISGARH. BrLASPUR WRIT PETITION N0. 2^6^ /200^ '^ tf • PETITIONER -^Smt. Sarita %/0 Ramtesh Dube^ Aged 43 Years Assistant Teacher Govt. Girls Middle School, Devarbya Block"Swja,'Tehsil Bemetara DistriGtDurg(C.G) Versus RESPONDENTS ^ ^ 11^'.^ />kv.(/ <^^ State OfChattisga± Through Secretary Sehool Department DKS-Bhawan Raipur(C.G) Colleictor, Durg DistnNDyrg^G.G) •Urider Secretary Department ofSehool Education; Gdvt. of Chattisgarh Writ Petitidn und.er Article 226/227 oftheeonstitutioriof India. t •i:,'^S::. ^ B^ Thakur HIGH COURT OF CHI-IATriSGARH AT BILASRJR W.P. No. 265 of 2005 Petitioner Smt.Sarita Vereus Respondents State ofChhatUsgarh &others SB: Hon'ble Mr. Justtee Safish K. AgnihotrU Shri Wmatesh Bajpai, Advocatefortftepetaioner. Shri ^ay Dwivedi, Panel Lawysr for the respondents. ORDER (Passed onthis26BI day ofFebruary, 2007) The following orderofthe Court is (assed by Safish K. Agnihotri, J. 1. The petitioner white working as Assistant Teaeherin Govt. Giris Middle School, Deverbija, Bloek - Saja, Bemtera, Distrfct -Durg was transferred to Navagarh, Bemetera.on Uie same terms and condjBons vide impugned transfer order dated 21.9.2004 ^nnexure P/1), within the same district. 2. This Court wde interim order dated 12.4.20)5 granted stayofthe impugned order, Ull the n®<tdate ef heanng. By wrhie of the interim order the pefitioner must have continued on the same place afposSng. 3. Be that as it may, with fte pass^e of time this petBfon has become infi^ctuous as period 6f tran^er is not apptteabte forever. At this point of time tfiere is no question to examine the valicllty of ffie transfer order. 1-lowever, the respondents are at llbeity to pass appropriate orders keeping m view the pubtic interest and administrafive esagency, without insisfing on compliance of the impugned transfer order. 4. It is vsretl setUed principte of taw that transfer is an incident of service and it is for the employer to dwide as to where a parficular ofRcer/employee be posted keeping in view publjc interest as well as administrative exigency. This Court has limited jurlsdicUon to interfere in ttietransfer matter and fliis Gourt can interfere only in the case of proved malafkte, non-compstence of authority jMSsing tte transfer order and transfer order not being in conformity w ttie rul and regulaUons, 5. In view of the above, this petition stands disposed of. No orderas to costs. Sd/- Satish K. Agnihotri Judge ij l"^t^i' '^: •i'UJ "?"~?1;^.;,.ri^^.-i-ti;::