IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TENCH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 11826 of 2008 Between: N. Nagavara Lakshmi, W/o. Koteswara Rao, Bio-Science, AP Social Welfare Residential School Mulugu, Medak District. ... PETITIONER AND 1 Govt. of A.P. Rep by its Principal Secretary, Social Welfare (RS-I) Dept., Secretariat Buildings, AP., Hyderabad. 2 A.P. Social Welfare Residential Educational Institutional Society, Rep by its Secrtary Masab Tank, Hyderabad. 3 The Principal, A.P. Social Welfare Residential School, Mulugu, Medak 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, order or direction more in the nature of Mandamus or any other appropriate writ declaring the impugned proceedings in Rc No.CO.1/Z-III/10608/2008 dt. 01-6-2008 of the 2nd respondent in transferring the petitioner from AP Social Welfare Residential School, Mulugu of Medak District to AP Social Welfare Residential School, Dupadu of Prakasam District at allotting the petitioner to Zone III as illegal, arbitrary and contrary to the guide lines as approved by the 1st Respondent and consequentially to setaside the same. Counsel for the Petitioner:MR.K.ANANDA RAO Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : O R D E R: The petitioner was employed as a Resident Teacher by the A.P. Social Welfare Residential Educational Institution Society, Hyderabad, on 2.7.1999, on contractual basis. She was initially posted at Residential School, Vikarabad, and presently she is working at Mulugu of Medak District. The service of the petitioner was regularized, vide proceedings dated 10.10.2007. Since the petitioner was found to be a local candidate of Zone-III, she was allotted to that zone. Through orders dated 1.6.2008, the 2nd respondent transferred the petitioner to an Institution at Dupadu of Prakasam District. The same is challenged in this writ petition. The petitioner contends that her initial appointment itself was in Zone-VI and that her husband hails from the same area. She contends that allotting her to Zone-III and transferring her to that place, would result in serious hardship. Certain other grounds are also urged. Heard the learned counsel for the petitioner and learned Standing Counsel for the respondents. The initial appointment of the petitioner was purely on contractual basis. In pursuance of the orders issued by the Government in G.O.Ms.No.59, Social Welfare Department, dated 10.8.2007, the 2nd respondent regularized the service of the petitioner. The Government made it clear that the provisions of A.P. Public Employment (Organisation of Local Cadres and Regulation of Direct Recruitment) Order 1975 (for short “the Presidential Order”), would apply to these posts also. In that view of the matter, the place, at which the petitioner studied the qualifying examination, as well as her residence, were verified and it was found that the petitioner is a local candidate of Zone-III. The petitioner was continued at the present place of working, since regularization took place, in the middle of the academic year. Now that the fresh academic year is commencing, the 2nd respondent had transferred the employees to the concerned places, duly conducting a counseling. Except pleading hardship, the petitioner is not able to point out any legal or factual defect, in the order of transfer. It hardly needs any mention that transfer is incidence of service, and no exception can be taken to the impugned order. Inasmuch as the petitioner is being posted to the Zone, in which her services are regularized, there are no merits in the writ petition. The writ petition is, accordingly, dismissed. There shall be no order as to costs. ________________ 10th June 2008 PAN