HIGH COURT OF CHHA’I‘TISGARH AT BILASPUR S.B. : HON’BLE MR. SATISH K. AGNIHOTRI J. WRIT PETITION ("$30. 4035 0f 2005 PETITIONER. : Smt, Abha Singh, Wife of Shri Rajendra Pratap Singh, Age — 42 years, Assistant Teacher, Posted. at Primary School Nawagarh, Black Ambikapur, Dism'st Sarguja (C13,) VERSUS RESPONDENTS : N 1. State of Chhattisgarh, Thmugh Secretary, Tribal Development, Ministry of Tribal Welfare Department, Mantraiaya, D.K.S. Bhawan, Raipur (Chhattisgarh). 2. Commissioner, Tribal Development, Division Bilaspur. w.Assistant Commissioner, Tribal Development Sarguja, Ambikapur, Chhattisgarh, Present: Shri Anupam Dubey, Advocate for the petitioner. ‘ Shri Sushil Dubey, Government Advocate for the State/resyondents, ORDER (Passed on 16m March 2007) 1, The petitioner, while Working as Assistant Teacher at Primary School Newagarh, Block Ambikapur, District Sarguja, was transferred Io Primary Sehool Harkatmdand, Surajpur, on the same termS and conditions vide impugned order dated 05.1 0.2001 (Annexure All ), The Madhya Pradesh Administrative Tribunal at Raipur Vida interim order dated 3112,2001 dimcted to maintaiii status qua in regard to the position of the petitioner as was prevailing on 15.10.2001. By virtue of the interim order the petitioner is eontinuing at the original piace of posting. W Be that as it may, with the paseage of time this petition has become inti‘uotuous as period of transfer is not applicable forever. At thie point of time, there is no question to examine the validity of the transfer ordert However, the respondents are at liberty to pass appropriate order keeping in View the pubiie interest and administrative exigenoy, without insisting on compliance of the impugned transfer order, It is well settled principle of iaw that transfer is an incident of service and it is for the employer to decide as to where a particular oii‘ioer/‘employee be posted, keeping in View public interest as well as administrative exigencyt This Court has limited jurisdiction to interfere in the transfer matter and this Court can interfere only in the case of proved maladde, non- competenee of authority passing the transfer order and transfer order not being in conformity with the rules and regulations. in View ofthe above, this petition stands disposed of, No order as to costs. ‘ " Sd/- ;i Satish K. Agnjhotri r a t Judge