*THE HON’BLE MR JUSTICE L.NARASIMHA REDDY W.P.No.24447 OF 2011 % 11.10.2011 Between: # B.Ramachandra Reddy and others. …Petitioners And $ The Secretary, A.P.Social Welfare Residential Eduational Institutions Society and others. …Respondents ! COUNSEL FOR PETITIONERS: Sri N.Sridhar Reddy ^ COUNSEL FOR RESPONDENT No.1: Sri K.Durga Prasad ^ COUNSEL FOR RESPONDENT No.2 : G.P. for Social Welfare ^ COUNSEL FOR RESPONDENT No.3 : G.P. for Finance ^ COUNSEL FOR RESPONDENT Nos.4 to 8 : Sri Surender Reddy < Gist: > Head Note: ? CITATIONS: THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITON No.24447 of 2011 ORDER: Petitioners 1 to 4 are working as Junior Lecturers and the 5th petitioner as Post Graduate Teacher in the educational institutions at different places established by the A.P. Social Welfare Residential Educational Institutions Society, 1st respondent herein. It is stated that they have completed service of about five years at the present stations. The 1st respondent obtained permission from the Government i.e., 2nd respondent to effect transfer of its employees. Such permission was accorded and the 1st respondent was required to complete the steps in this regard between 16.05.2011 and 15.06.2011. The institutions, where the petitioners are working, are within Zone-VI constituted under the Presidential Order issued under Article 371-D of the Constitution of India. The transfer of employees working in the institutions within Zone-VI was taken up on 14.06.2011. It is stated that the counselling process for effecting transfer of teaching staff reached finality and in the course of counselling for transferring the non- teaching staff, disturbances occurred due to the unruly behaviour of few employees. The petitioners submits that the Secretary of the Society informed them that the orders of transfer would be sent through online and accordingly, the petitioners and other employees left the premises. Their grievance is that though several months have elapsed, the 1st respondent has not issued orders of transfer on the basis of the counselling. On behalf of the 1st respondent, instructions are obtained by the learned Standing Counsel and the arguments are advanced. He submits that the counselling for transfer of the employees working in the institutions in Zone-VI has taken place on 14.06.2011 and on account of the disturbances caused by some of the non-teaching employees, finality was not given to the same. It is stated that the time stipulated by the Government for concluding the transfers expired and in that view of the matter, a letter, dated 21.06.2011 was addressed to the 2nd respondent seeking further directions. On behalf of respondents 4 to 8, who got themselves impleaded, a detailed counter affidavit is filed. It is stated that the counselling process involves a detailed procedure and for variety of reasons, the transfers in Zone-VI could not take place. They submit that the transfers, wherever permitted, take place before the commencement of the academic year and it is the consistent policy of the Government and other organizations not to effect transfers in the middle of the academic year. They also submit that the ban imposed by the Government on transfers became operational with effect from 16.06.2011 and no transfers can be permitted to take place at this stage. Heard Sri N.Sridhar Reddy, learned counsel for the petitioners, Sri K.Durga Prasad, learned counsel for respondent No.1, learned Government Pleader for Social Welfare appearing for respondent No.2, learned Government Pleader for Finance appearing for respondent No.3 and Sri Surender Reddy, learned counsel for respondents 4 to 8. The Government has imposed general ban on transfers of the employees working in various Departments of Government as well as the organizations working under its direct control. G.O.Ms.No.455, dated 04.06.2011 was issued relaxing the ban for a period of one month between 16.05.2011 and 15.06.2011. Such relaxation was extended in respect of the employees of the 1st respondent also. It is a matter of record that the counseling for transfer of employees working in the institutions within Zone-VI has taken place on 14.06.2011. It was for teaching as well as non-teaching employees. The record discloses that the counselling in respect of teaching staff was almost completed and when the counselling for non-teaching employees was taking place, disturbances occurred on account of the unruly behaviour of some of the employees. Though there may have been justification for the 1st respondent in not issuing the orders of transfer, to the extent the counselling was complete on the same day, immediate steps ought to have been taken at least on the next day. When the transfers have been effected for the institutions functioning in the rest of the State, there cannot be any justification to leave the matter incomplete or untouched for Zone-VI. Of late, a tendency has developed in the employees of different categories to remain at advantageous places by resorting to one means or the other, even while their fellow employees continue to work in the disadvantageous localities. The very purpose of effecting transfers is to ensure that a perfect balance is maintained as to working in advantageous and disadvantageous localities. Any person, who is sincere enough to discharge the functions, would not have any serious objection for such a course. It is only those who place their comforts above their official duties that resort to all objectionable means with the sole objective of enjoying the advantageous positions. The Department should exhibit its zero tolerance to such tendencies. The unruly behaviour of unlawful persons should not defeat the exercise that is undertaken in respect of vast number of employees. It may be true that the relaxation of ban on transfers by the Government was only for a period of one month ending with 15.06.2011. The necessity to seek further relaxation would arise, if only the process is to be commenced after the stipulated date. Once it emerged as a matter of record that almost the entire process was completed on 14.06.2011 and disturbances took place preventing the issuance of orders, it is not at all necessary to seek further relaxation or extension thereof. Therefore, the writ petition is allowed and the 1st respondent is directed to issue orders of transfer in accordance with the counselling that has taken place on 14.06.2011 for the employees working in the institutions in Zone-VI, within a period of three (3) weeks from today. In case, any formalities are to be completed for the left over posts, in the same zone, it shall be open to the 1st respondent to undertake the same within the period stipulated. There shall be no order as to costs. __________ 11.10.2011 Note: L.R.Copy to be marked. Issue C.C. in one week. (B/o) JSU THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITON No.24447 of 2011 Date: 11.10.2011 JSU