IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH and THE HON'BLE SRI JUSTICE P.SWAROOP REDDY WRIT PETITION NO : 9871 of 2009 Between: Bachu David China Babu S/o.Venkatapathi Govt High School Sullurpet, Sullurpet Mandal Sri Potti SRiramulu Nellore District, R/o.Sullurpet Sullurpet mandal, Sri Potti SRiramulu Nellore District ..... PETITIONER AND 1 The District Educational Officer, Nellore, Nellore District 2 The District Collector & Magistrate, Sri Potti Sriramulu Nellore District,Nellore 3 The mandal Educational Officer, Sullurpet Mandal Sri Potti Sriramulu Nellore District 4 The Head Master, Govt High School, Sullurpet Sullurpet Mandal, Sri Potti Sriramulu nellore District .....RESPONDENT(S) 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 particularly one in the nature of writ of mandamus directing the respondents to conduct Transfer counseling taking District as a Unit by taking into consideration of G.O.Ms.No.15 dated 26.1.2009 issued by the Government of AP by following Rule .9(a) of the said G.O. strictly and consequently direct the respondents to consider the claim of the petitioner for continuation at Govt. High School, Sullurpet , Sullurpet Mandal, Sri Potti Sriramulu Nellore District till the condition of counseling for transfers without reference to the Relieving Certificate dated 27.4.2009 by setting aside the impugned Transfer orders issued vide Proceedings Rc.No.4710- 1/A7/2009 dated 15.4.2009 of the 1st respondent and the orders of the Hon`ble AP Administrative Tribunal, Hyderabad passed in OA.No.5430 /2009 dated 23.4.2009. Counsel for the Petitioner: MR.M.V.NARASIMHAM Counsel for the Respondent No.: GP FOR SERVICES I The Court made the following : ORDER: (Per Sri Justice V.Eswaraiah) Heard the learned counsel appearing for both the parties at the interlocutory stage and with their consent the main writ petition itself is being disposed of. The petitioner filed O.A.No.5430 of 2009 on the file of the A.P. Administrative Tribunal seeking a direction to the respondents to conduct transfer counselling taking District as Unit by taking into consideration G.O.Ms.No.15, dated 26.1.2009, issued by the Government by following Rule 9(a) issued in G.O.Ms.No.15, dated 26.1.2009, and direct the respondents to consider his claim for continuation in his respective place of working. The case of the petitioner is that he was working as Secondary Grade Teacher at Government High School, Sullurpet, Sullurpet Mandal, Sri Potti Sriramulu Nellore District and the said post of Secondary Grade Teacher, held by the petitioner, was upgraded as School Assistant recently and the candidates who were promoted from the S.G.Teachers to that of School Assistants have participated in the promotional counselling conducted by the respondents from 2.2.2009 to 15.2.2009 and the S.G.Teachers, who were promoted as School Assistants, were relieved from their S.G.Teacher Cadre and one among them was joined in the place of the petitioner as School Assistant. The grievance of the petitioner is that he is not accommodated at the present place of work at Sullurpet till the general transfers are made as per the proceedings of the Director of School Education, Andhra Pradesh, in Rc.No.02/ PTC/Cell/2009, dated 19.2.2009. It is stated that the Director of School Education has issued proceedings dated 21.2.2009 directing the District Educational Officer, Nellore to effect transfers within the Mandal or nearby Mandal which are contrary to the earlier instructions dated 19.2.2009. It is stated that as per the orders of the Government in G.O.Ms.No.15, dated 26.1.2009 in Rule 9(a), all transfers shall be made by way of counselling through Transfer Committee constituted from time to time by the competent authority. The only grievance of the petitioner before the Tribunal was that without conducting the transfer counselling as per the orders of the Government in G.O.Ms.No.15, dated 26.1.2009, the petitioner cannot be shifted from the existing place of Sullurpet. The said O.A was filed on 8.4.2009. Thereafter, the District Educational Officer, Nellore, issued proceedings in Rc.No.4710/1/A7/2009, dated 15.4.2009, consequent upon the issuance of the orders of the Government in G.O.Ms.No.363, Finance (SMPC) Department, dated 10.11.2008, the D.O.Letter and other proceedings of the Director of School Education, dated 19.2.2009 and 21.2.2009, and in view of the upgrading of the posts of Secondary Grade Teachers as School Assistants, certain adjustments on adhoc basis with effect from 31.1.2009 to the vacancies noted against their names as detailed in the annexure were made specifically mentioning that the said adhoc arrangements were made till the general transfer counselling take place in the month of April/May, 2009. The petitioner did not question the said arrangement in O.A.No.5430 of 2009 before the Tribunal. It is stated that the proceedings of the District Educational Officer, Nellore were also questioned before the Tribunal by amending the prayer. The Tribunal, considering the contentions of the petitioner and other similarly situated persons, dismissed the said O.A., along with a batch of connected O.As, by order dated 23.4.2009. Aggrieved by the same, this writ petition has been filed. Learned counsel appearing for the petitioner submits that the proceedings passed by the District Educational Officer, Nellore, dated 15.4.2009, adjusting the Secondary Grade Teachers in the new stations on adhoc basis till the general transfers are made in the month of April/May 2009, is illegal and arbitrary. It is further stated that the petitioner is working as Secondary Grade Teacher at Government High School, Sullurpet, but he was adjusted in the MPUPS, Kuricherlapadu of Venkatachalam Mandal and the same is illegal and arbitrary and the petitioner is entitled to work at Sullurpet till he completes eight years of service. It is stated that the petitioner is working at Sullurpet High School from April, 2005 and he has completed 3½ years of service only and therefore he is not liable to be transferred till the completion of eight years of service at Sullurpet. In so far as the contention that the adhoc arrangements made by the District Educational Officer, Nellore, vide proceedings dated 15.4.2009 is concerned, the Tribunal held that as per the said adhoc arrangement Secondary Grade Teachers were upgraded as School Assistants and therefore the petitioner and others had to be transferred to enable the authorities to draw and pay salaries till the general transfers are made in the counselling in the month of April and May, and an employee has no inherent right to work in a particular place and it is the prerogative right of the State and accordingly dismissed the said O.A. The petitioner and others were not permanently transferred and the proceedings of the 1st respondent dated 15.4.2009 are only a temporary adjustment so as to enable the authorities to draw salary. But in so far as the transfers are concerned, the criteria, that is relevant to consider the case of the petitioner and other similarly situated persons, is the service rendered by them while they were working in the previous stations before the adhoc adjustments. The next contention advanced by the learned counsel for the petitioner is that till the completion of period of eight years of service, his transfer may not be made as per para 13(a) in G.O.Ms.No.15, dated 26.1.2009. We have perused the orders of the Government in G.O.Ms.No.15, dated 26.1.2009. The said G.O. was issued formulating certain rules called “Andhra Pradesh Teachers General Promotions and Regulation of Transfers Rules” and the said Rules have been made in exercise of powers conferred by Sections 78 and 99 of the A.P. Education Act 1982 (Act 1 of 1982) and under Article 309 of the Constitution of India. Rule 9 is relating to rules for transfers and Rule 9(a) specifies all transfers shall be made by way of counselling through Transfer Committees constituted from time to time by the competent authority. As per Rule 13(a), those who have completed eight years service in a particular School/ Panchayat/ Municipality or Municipal Corporation in all schools, as on 1st July of every year, shall be compulsorily transferred. As per Rule 13(b), those who are going to retire within two years as on the date of transfer counselling, shall not be shifted until and unless the incumbent requests for such transfer. However, as per Rule 14, Headmasters Gr.II Gazetted/Teachers who have put in more than two years of service in a place/ School and above as on 1st July are only eligible to apply for transfer. Therefore, the contention of the learned counsel for the petitioner that he cannot be transferred till the completion of eight years is incorrect and the criteria for transfer is completion of two years alone. However, the petitioner submits that the transfer counselling is taking place to transfer the petitioner and he may be posted at the place of his option. We are of the opinion that the place of option is to be considered by the transfer committee through counselling depending upon the exigencies and criteria adopted by them and it may not be appropriate to consider the case of the petitioner for his choice. If everybody wants to be posted at their choice, it may not be possible for the transfer committee to effect transfers. Therefore, we are of the opinion that no right of the petitioner, much less any fundamental rights, has been affected and no malafides are attributed either to the adhoc adjustments or to the general transfer counselling. For the aforesaid reasons, we do not see any infirmity, legal or otherwise, to interfere with the order of the A.P. Administrative Tribunal in O.A.No.5430 of 2009, dated 23.4.2009. The writ petition is accordingly dismissed. No order as to costs. _______________ V.ESWARAIAH, J. ____________________ P.SWAROOP REDDY, J. 24.7.2009 kpr