IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 3910 of 2008 Between: V.Venkata Krishna Rao, S/o.Veera Narayana, A.P.S.W.Residential Junior College, R.K.Puram, Sathenapalli Mandal, Guntur Dist., ..... PETITIONER AND 1 The A.P., Social Welfare Residential Educational Institutional Society, rep by its Secretary, Social Welfare Office Complex, Masab tank, Hyderabad. 2 The State of A.P., rep by its Principal Secretary, Social Welfare Department, Secretariat Bldg., Hyderabad. 3 Smt.K.Vani Bala, Jr.Lecturere, Physics, A.P.S.W.Residential Junior College,Ramakrishna.puram, Sathenapalle Mandal, Guntur District., .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ of mandamus declaring the impugned proceedings Rc.No.CO.1(2)./A-III/0842/2001 dt.16-2-2008 as illegal, improper, unjust arbitrary contrary to law and further direct the respondents 1 and 2 to continue the petitioner as Junior Lecturer in Physics at A.P.S.W.R.S.J.C.. R.K.Puram, Sathenapalli Mandal, Guntur District. Counsel for the Petitioner:MR.K.RAMAMOHAN-MAHADEVA Counsel for the Respondent NO.1: MR.K.DURGA PRASAD Counsel for the Respondent NO.3:MR.B.NALIN KUMAR The Court made the following : ORDER: The petitioner was appointed as a Post Graduate Teacher in the Andhra Pradesh Social Welfare Residential Educational Institutional Society, in the year 1990. In the year 1996, he was promoted as Junior Lecturer. After the counselling for various categories of employees on 30.05.2007, the first respondent transferred the petitioner as Junior Lecturer in Physics to the institution at Ramakrishnapuram, Guntur. One of the grounds pleaded by the petitioner is that his wife is also working in a primary school at Garlapadu Village in Sathenapalli Mandal. Vide proceedings, dated 16.02.2008, the first respondent transferred the petitioner to an Institution at Pallapatla as Post Graduate Teacher, in the place of one Mr.N.Paul Babu. The third respondent herein was transferred against the vacancy caused, on account of the transfer of the petitioner. The said proceedings are challenged in this Writ Petition. It is urged that the action of the first respondent not only amounts to transferring the petitioner to a distinct place, but also a reversion in the rank. The first respondent filed counter-affidavit denying the allegations of the petitioner. It is stated that a policy decision was taken to post only female teachers in the Girl Junior College and in the process, the third respondent was brought in the place of the petitioner. Their further contention is that the scale of pay of Junior Lecturer and Post Graduate Teacher is one and the same, and therefore, it cannot be said that the petitioner is reverted. The third respondent filed a counter-affidavit adopting the stand taken by the first respondent. Heard Sri K.Rama Mohan Mahadeva, learned counsel for the petitioner, Sri K.Durga Prasad, learned Standing Counsel for the first respondent and Sri B.Nalin Kumar, learned counsel for the third respondent. It is, no doubt, true that the petitioner was transferred within one year from the date of his being posted in the present institution. However, that was necessitated, on account of the implementation of the policy to have female teachers in the girl junior colleges. It must be noted that the third respondent, who was on deputation, was repatriated, as a measure of implementation of the said policy. Therefore, no exception can be taken to the transfer of the petitioner from the junior college at Ramakrishnapuram. The impugned proceedings direct the petitioner to discharge the duties as Post Graduate Teacher. Even assuming that the scale of pay of Junior Lecturer and Post Graduate Teacher is one and the same, the fact remains that in the establishment of the first respondent- society, the Junior Lecturer occurs at Class-II in Category-1, whereas the Post Graduate Teacher occurs in Class-III in Category-1. Therefore, the petitioner needs to be transferred and posted against a vacancy of Junior Lecturer and in the process, they shall taken into account the place of posting of the wife of the petitioner also. For the foregoing reasons, the Writ Petition is partly allowed, upholding the impugned proceedings to the extent of transferring the third respondent from Junior College at Ramakrishnapuram, Guntur District, but setting aside the same, insofar as it has transferred the petitioner to the institution at Pallapatla as Post Graduate Teacher. The first respondent shall pass fresh orders posting the petitioner in any institution as Junior Lecturer. There shall be no order as to costs. ____________________ Dt.25.04.2008 L.NARASIMHA REDDY, J GJ ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 2CD copies Form-NIC-OGS/WP{LS}