IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NOs: 13107 & 14645 of 2008 W.P.No.13107 of 2008 Between: K. Arjuna S/o. K. Venkaiah A.P.S.W.R.S. / Junior College (Girls), Nakkerekal, Nalgonda District. ..... PETITIONER AND 1 A.P. Social Welfare Residential, Educational Institutional Society, rep. by its Secretary, Hyderbad. 2 The Chairman / Hon'ble Ministry for Social Welfare, A.P.S.W.R.E.I.S., Hyderbad. 3 The Vice Chairman / Principal Secretary, A.P.S.W.R.E.I.S., Hyderbad. 4 The Secretary, A.P.S.W.R.E.I.S., Hyderbad. 5 Jayasheela, Junior Lecturer, Economics, A.P.S.W.R.S./J.C.(Boys), Ibrahimpatnam, R.R. District. 6. Abdul Saleem, Junior Lecturer, Economics, APSWRS/JC (Boys), Ibrahimpatnam, R.R.District. (impleaded as per the orders of this Court, dated 07.08.2008, passed in W.P.M.P.No.21904 of 2008) .....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 particularly one in the nature of Writ of Mandamus declaring the impugned transfer order vide proceedings Rc.No.Z-VI- 723/2008 dated 07.06.2008 “and the impugned orders in Rc.No.Zone-VI/723/2008, dt.16.06.2008 and Rc.No.Zone-VI/723/2008 dt.16.06.2008 transferring the petitioner to Nallavagu vice 6th respondent who is transferred to Ibrahimpatnam, R.R.District” (amended as per the orders of this Court in W.P.M.P.No.21905 of 2008, dated 07.08.2008) and not considering the petitioner for transfer against the vacancy viz 5th respondent as illegal and without jurisdiction and violative of Article 14 and 16 of the Constitution of India and consequently set aside the same by further directing the respondents to act in accordance with the transfer policy for 2008-09 and accommodate the petitioner against the vacancy at Ibrahimpatnam Boys Junior College. Counsel for the Petitioner:MR.S.LAKSHMA REDDY Counsel for the Respondents: MR.K.DURGA PRASAD The Court made the following : WRIT PETITION No.14645 of 2008 Between: J. Jaya Sheela W/o. Dr. G. Madhukar Andhra Pradesh Social Welfare Residential Upgraded School, Ibrahimpatnam, Ranga Reddy District. ..... PETITIONER AND 1 A.P. Social Welfare Residential Educational Institutions Society, Masab Tank, Hyderabad, rep. by its Secretary. 2 The Principal, Andhra Pradesh Social Welfare Residential Upgraded School, Ibrahimpatnam, Ranga Reddy District. 3 The Principal, Andhra Pradesh Social Welfare Residential Upgraded School, Nizamabad, Nizamabad District. 4 Sri Abdul Saleem C/o. The Principal, Andhra Pradesh Social Welfare Residential Upgraded School, Ibrahimpatnam, Ranga Reddy 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 an order direction or writ particularly one in the nature of writ of Mandamus or any other appropriate writ (i) declare the proceedings Rc.No.Zone-VI/723/2008 dated 03.07.2008 transferring the petitioner from A.P. Social Welfare Residential Upgraded School, Ibrahimpatnam, Ranga Reddy District to A.P. Social Welfare Residential Upgraded School, Nizamabad as illegal and arbitrary; (ii) declare the proceedings No.Zone-VI/723/2008 dated 16.06.2008 transferring the petitioner from A.P.S.W.R. Upgraded School / JC, Ibrahimpatnam as illegal and arbitrary; (iii) and consequently direct the respondents to continue the petitioner at A.P.S.W.R. Upgraded School, Ibrahimpatnam, Ranga Reddy District; (iv) and pass such other order or orders in the interest of justice. Counsel for the Petitioner:MR.G.VIDYASAGAR Counsel for the Respondents: MR.K.DURGA PRASAD The Court made the following : COMMON ORDER: These two writ petitions arise out of orders of transfer passed by the Secretary, A.P. Social Welfare Residential Educational Institutions Society, Hyderabad, the 1st respondent, in both the writ petitions. The petitioner in W.P.No.13107 of 2008, by name, Sri K.Arjun, is working as a Junior Lecturer in Economics, in the Junior College for Girls at Nakrekal. Vide proceedings, dated 07.06.2008, he is sought to be transferred to an institution at Ramakkapet of Medak District. He challenged the said order by stating, inter alia, that in the counselling conducted by the 1st respondent, he made a request for his transfer to the institution at Ibrahimpatnam and with a view to accommodate the 6th respondent, by name, Sri Abdul Saleem, he has been shifted to a different place. The 5th respondent, in that W.P., Smt.J.Jaya Sheela filed W.P.No.14645 of 2008, challenging the orders of her transfer to the institution at Nizamabad. At present, she is working in the institution at Ibrahimpatnam. In 2008, she was transferred to Nizamabad and thereupon, she approached this Court by filing W.P.No.4438 of 2000. An interim order was passed to the effect that she shall be retained at that station till the end of the academic year. In this Writ Petition, she complains that she is being shifted to Nizamabad, only to accommodate the 4th respondent, by name, Sri Abdul Salem. This Court passed interim orders, in both these writ petitions, and at one stage, the 1st respondent was directed to make a comprehensive examination of the matter and come forward with the proposals for transfer of the concerned employees, duly ascertaining their views in a counselling. Heard learned counsel for the petitioners and learned Standing Counsel for the 1st respondent. The present position, as of now, is that the petitioner in W.P.No.13107 of 2008 is working in a Junior College meant for Girls and his continuance there has become untenable, in view of the policy decision taken by the 1st respondent not to post any male Teacher, below 50 years, in any such institution. Therefore, his shifting from that place is inevitable. As the institution at Ibrahimpatnam is meant for boys, the petitioner in W.P.No.14645 of 2008 was sought to be transferred to Nizamabad. On an earlier occasion, after taking into account the various points urged by her, this Court expressed the view that she can be continued up to the end of the previous academic year. Inasmuch as she has been continued up to end of that academic year, she cannot have any genuine grievance. The only area of controversy is as to the place to which she should be posted. It is, no doubt, true that the 1st respondent sought to accommodate one Mr.Abdul Saleem, who was said to be seriously ill. All the same, in the counselling held, recently, he has chosen to remain at the present station, i.e., the institution at Nallavagu, Medak District. Therefore, the petitioner in W.P.No.14645 of 2008 has to be posted at the institution at Nakrekal. In other words, both the petitioners have to be transferred mutually, to their respective places. The Writ Petitions are accordingly disposed of, leaving it open to the 1st respondent to pass orders, as indicated above, to avoid any further controversy. There shall be no order as to costs. _________________________ Dt.07.08.2008 L.NARASIMHA REDDY, J GJ