IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 13980 of 2008 Between: P.V.V.Satyasai, S/o. Venkataratnam, Group of Temples, Gandepalli, R/o. Sivalayam Street, Gandepalli Village & Mandal, East Godavari District. ..... PETITIONER AND 1 The State of Andhra Pradesh rep by The Commissioner, Endowments Department, Tilak road, Hyderabad. 2 The Deputy Commissioner, Endowments Department, RamaRaopet, Kakinada, East Godavari District. 3 The Executive Officer, Group Temples, Gandepalli, East Godavari District. 4 Shri P.Rajababu, S/o. Kameswara Rao, Group of Temples, Sankavaram Village and Mandal, East Godavri 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 to issue a Writ, Order or Directions, more particularly one in the nature of Wrt of Mandamus, a) To call for the records pertaining to the Proceedings Rc.No.B4/8107/2008-2, Dated 14-06-2008 for the transfer of the service in respect of the Petitioner heein and set aside; b) To direct the Respondents to retain and continue the Petitioner in his respective place of working with all consequential benefits and attendant benefits; C) To award costs; by holding the action of the Respondents as bad, illegal, irrational arbitrary, discriminatory, void, malafide, without jurisdiction and authority, violative of the Rules, guidelines & Circulars issued by the Government from time to time and also violative of the Article 14, 16 and 21 of the Constitution of India, and pass Counsel for the Petitioner:MR.A.NAGENDRA RAO Counsel for the Respondent No.: GP FOR ENDOWMENTS The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 13980 of 2008 ORDER: The petitioner claims to have been appointed as Record Assistant on 01.12.1992 in Gandepalli Group of Temples, which is under Category-6(b). His services were regularized in the year 2000. Vide orders, dated 14.06.2008, the 2nd respondent transferred the petitioner to Sankavaram Group of Temples in East Godavari District, in the place of the 4th respondent, and the latter, in turn, is posted in the place of the petitioner. The same is challenged in this writ petition. Learned counsel for the petitioner submits that the Gandepalli Group of Temples is classified as 6(b) and the Sankavaram Group of Temples is classified as 6(c); and contends that the transfer of an employee of particular group, to an inferior group, is impermissible. Learned Government Pleader for Endowments and the learned Standing Counsel for the 3rd respondent, on the other hand, submit that under Section 39 of the Andhra Pradesh Charitable and Hindu Religious Institutions & Endowments Act, 1987 (for short ‘the Act’), the Commissioner has the power to transfer employees from one Temple to another, depending on administrative convenience, and there is no prohibition of transfers from one group of temples to another. A doubt that existed as to the power of the Commissioner to transfer employees from one Temple to another stood removed, with the judgment rendered by a Division Bench of this Court in P.S.R. Subrahmanyam vs. Commissioner Of Endowments[1]. Therefore, the petitioner cannot raise an objection as to the transfer, on the ground of jurisdiction. It is strongly urged on behalf of the petitioner that transfers cannot be effected from one group of temples to another. Section 39 of the Act does not contain such prohibition. Learned counsel for the petitioner is not able to cite any decided case or other provision of law in support of his contention. Therefore, it cannot be accepted. Another grievance of the petitioner is that the financial condition of the Sankavaram Group of Temples is not sound and there is every likelihood of the petitioner being not paid salary. It is needless to mention that the petitioner cannot be denied the salary, attached to the post; and in case, the financial condition of the group of temples, to which he is transferred, does not permit the payment of his salary, the 2nd respondent shall take necessary corrective steps. The writ petition is, accordingly, dismissed. There shall be no order as to costs. _________ 16.07.2008 Note: Issue C.C. in three days. (B/o) JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{LS} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 13980 of 2008 Date: 16.07.2008 JSU [1] 1997(6) ALT 346