IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SMT. JUSTICE T.MEENAKUMARI WRIT PETITION NO:5895 OF 2000 DATED:12.8.2010 Between: K.Mallaiah .....PETITIONER AND The Member Secretary, A.P. Tribal Welfare Residential Educational Institutions Society, Gurukulam, Masab Tank, Hyderabad & others. .....RESPONDENTs This Court made the following : THE HON'BLE SMT. JUSTICE T.MEENA KUMARI WRIT PETITION NO:5895 OF 2000 ORDER: This writ petition is filed by the petitioner seeking a writ of mandamus seeking to declare that the petitioner is eligible and entitled for conversion as watchman in terms of Proceedings No:C1/357/2000 dated 10.2.2000 issued by the 2nd respondent with all consequential benefits by holding that the impugned proceedings No:A1/1171/92, dated 13.3.2000 issued by the 2nd respondent and its consequential proceedings No:1503/Admn. II (2)/2000, dated 21.3.2000 are illegal and void abinitio. The facts leading to file the present writ petition are that the petitioner was appointed as a Cook after due process of selection with effect from 1989 and posted at A.P.T.W.R. School, Mannanur under the control of the respondents and subsequently, his services were also regularized in the post of Cook during the year 1994. While so, he has applied for medical leave with effect from 17.11.1999 and he also produced the certificate obtained from the Civil Assistant Surgeon, T.B. Center, Mahaboobnagar, to the effect that he was in bad state of health and suffering with T.B. Due to the ill health, he made a representation dated 12.1.2000 to convert him as Watchman from the post of Cook and the same was forwarded by the 3rd respondent in his proceedings R.C.No:35/A1/99-2000, dated 12.1.2000 requesting the 2nd respondent to convert him to the post of Watchman and the 2nd respondent after examining his case, issued proceedings in R.C.No:C1/357/2000, dated 10.2.2000 converting him as Watchman and posting him as such in the place of Sri G.Venkateshnaidu, who was posted as Assistant Cook (Kitchen helper). While so, the 2nd respondent issued the impugned R.C.No:1/1171/92, dated 13.3.2000 transferring and repatriating the petitioner and another to the 1st respondent without any valid reasons. The 1st respondent society issued several circulars directing the concerned Principals of their respective institutions not to surrender any employees without prior permission of the 1st respondent. Therefore, the impugned order is liable to be set aside. Heard the learned counsel and perused the material available on record. A perusal of the material goes to show that on the medical grounds, the 2nd respondent has considered the representation of the petitioner for conversion of his post of Cook to that of watchman by his order dated 10.2.2000. Subsequently, it appears that in view of the exigency, during the course of meeting held on 28.2.1999, the Principal, A.P.R.S. P.T.G, Mannanur has expressed his inability to run the school on the ground that two cooks including the petitioner are suffering from their respective ailments and requested the Project Officer to shift them to the Secretary, Gurukulam, Hyderabad. The fact remains that the petitioner having suffered with tuberculosis applied for conversion of his post of Cook to that of a watchman and another cook was also suffering from eye sight. In this background of the matter, the Principal of the school concerned situated at Mannanur has expressed his grievances in the meeting to run the institution for want of the cooks. Therefore, the petitioner along with another cook were transferred and repatriated to the Secretary, Gurukulam, Hyderabad. If that being the case, the alleged malafides attributed on the issuance of the impugned proceedings, cannot be sustained. In the present facts and circumstances of the case, it is pertinent to note that the employees like the petitioner as Cook play a prime role for running of the residential institutions. Therefore, the transfer of the employees in the institution of this nature, is within the domain of the respondents-authorities for an effective running of the institutions. Hence, this writ petition is devoid of merits and the same is liable to be dismissed. Accordingly, this writ petition is dismissed. No order as to the costs. __________________ Justice T.Meenakumari Date:12.8.2010. nn THE HON'BLE SMT. JUSTICE T.MEENAKUMARI WRIT PETITION NO:5895 OF 2000 DATED:12.8.2010