HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE C.V.RAMULU Writ Petition No.17249 of 2008 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is filed seeking to quash the decision rendered in O.A.No.4193 of 2008 vide order dated 05-08-2008 on the file of Andhra Pradesh Administrative Tribunal, Hyderabad. 2. The details relevant and necessary for deciding the writ petition may be stated thus: The petitioner filed the above O.A. challenging the proceedings dated 16-6- 2008 by which he was transferred from Karimnagar. The case of the petitioner is that he was posted at Karimnagar pursuant to the counselling and thereafter, the Government issued G.O.Rt.No.77 dated 26-05-2008 posting the third respondent to Karimnagar without reference to the counselling. Later, the petitioner was posted at Hyderabad. The Tribunal, after considering the rival contentions, dismissed the O.A. holding that the impugned proceedings in O.A. was issued in compliance of G.O.Rt.No.77 dated 26-05-2008, which was not challenged before it. Hence, this writ petition is filed by the applicant. 3. Heard learned counsel for the parties and perused the record. 4. The petitioner, while working as District Inspector, Legal Metrology, Karimnagar, was sought to be transferred and in his place, the third respondent was posted, by cancelling the orders issued in Government Memo No.863/CS.III/2007 dated 13-2-2007 on the basis of reasons stated by the Controller of Legal Metrology vide his letter dated 11-3-2008. The transfer of an employee is an incidence of service and an employee cannot be retained at the place of his choice when he is discharging the public functions. In order to meet the exigency, the administrative authority can transfer an employee working under its control to any place of its choice and such employee will not have the fundamental right to be posted at a particular place of his liking. Furthermore, the present transfer is done on the basis the reasons explained by the Controller of Legal Metrology. 5 . At this stage, it is brought to our notice by the petitioner’s counsel that the petitioner had challenged the said G.O. by filing O.A.No.6141 of 2008 before the Tribunal. When the said G.O. itself had been challenged, the cause in the writ petition does not survive for adjudication. However, the observations made by the Tribunal in its order in O.A.No.4193 of 2008 or hereinabove, will not have any bearing on the O.A.No.6141 of 2008 stated to be pending before the Tribunal or the writ petition that is likely to be filed against the decision therein. 6. Subject to above, the writ petition is dismissed at the stage of admission. ___________________________ GHULAM MOHAMMED, J. ___________________ C.V.RAMULU, J. 08-08-2008 bsc IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 17249 of 2008 Between: P.Gopala Krishna Murthy, S/o. Somaiah, Legal Metrology,Karimnagar, District Karimnagar, ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep by its Secretary to Government, Consumer Affairs, Food & Civil Supplies Department, Secretariat Buildigns, Hyderabad. 2 The Controller of Legal Metrology, Government of Andhra Pradesh, Hyderabad. 3 K.Siddhartha Kumar, Legal Metrology, Through the Office of Controller, Legal Metrology, PWD Building No.209, Gandhinagar, Hyderabad. .....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 to issue an appropriate Writ, order or direction more particularly one in the nature of writ of Certiorari and call for the records relating to and connected with orders of the Hon'ble Andhra Pradesh Administrative Tribunal, Hyderabad dated 05.08.2008 rendered in O.A.No.4193 of 2008 and Proceedings No.2387/E1/2007 dated 16.06.2008 of the 2nd respondent transferring the writ petitioner from Karimnagar to accommodate the 3rd respondent and quash or set aside the same with a direction to continue the writ petitioner as District Inspector, Legal Metrology, Karimnagar with all consequential benefits and pass Counsel for the Petitioner:MR.P.NAVEEN RAO Counsel for the Respondent No.: GP FOR SERVICES II The Court made the following :