IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 6292 of 2009 Between: T. Sudheer Kumar S/o. T. Laxmi Narayana O/o. Deputy Director of Mines and Geology, Nizamabad, (under orders of promotion to the post of Superintendent and posted to O/o. Zonal Joint Director of Mines and Geology, Ongole). ..... PETITIONER AND 1 The Director of Mines and Geology, Andhra Pradesh, Hyderabad. 2 The Deputy Director of Mines and Geology, Nizamabad. 3 Government of Andhra Pradesh, Industries & Commerce (M1) Department, rep. by its Secretary, Secretariat, Hyderabad. 4 B. Srinivasulu O/o. The Assistant Director of Mines and Geology, Palamaneru, Chittoor District (under orders of promotion and posting in O/o. Assistant Director of Mines and Geology, 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 issue a writ, order or direction more particularly one in the nature of Certiorari calling for the records relating to the Judgment of the Hon'ble A.P. Administrative Tribunal in O.A.No.1083 of 2009, dated 9.2.2009 and Proc.No.33737/E3/08, dated 2.1.2009 issued by the 1st respondent in so far as posting the petitioner at O/o. Zonal Joint Director of Mines and Geology, Ongole instead of at Hyderabad and struck down the same and consequently hold that the petitioner is entitled for posting as Superintendent in the O/o. Assistant Director of Mines and Geology, Hyderabad with all consequential benefits and pass Counsel for the Petitioner:MR.D.BALA KISHAN RAO Counsel for the Respondent No.: GP FOR SERVICES I The Court made the following : THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO :6292 of 2009 ORDER: (per Hon’ble Sri. Justice Ghulam Mohammed) This writ petition is filed by the petitioner seeking a direction in the nature of certiorari, to call for the records pertaining to the order passed in O.A.No:1083 of 2009 on 9.2.2009 by the A.P.Administrative Tribunal and the proceedings No:33737/E3/08, dated 2.1.2009 issued by the 1st respondent in so far as posting the petitioner at Office of the Zonal Joint Director of Mines and Geology, Ongole instead of at Hyderabad and struck down the same by holding that the petitioner is entitled for posting as Superintendent in the Office of the Assistant Director of Mines and Geology, Hyderabad with all consequential benefits. The petitioner is the applicant before the tribunal. He filed the O.A seeking to declare that the applicant is entitled for posting as Superintendent in the vacancy arose in the office of the Assistant Director, Mines and Geology, Hyderabad with all consequential benefits by holding that the action of the respondents in not posting the applicant on promotion to the office of the Zonal Joint Director of Mines and Geology, Ongole of Zone III vide Proceedings No:33737/E3/08, dated 2.1.2009 issued by the 1st respondent is contrary to the Presidential order and Rules 12 and 13 of A.P. Ministerial Service Rules. The tribunal having observed that the respondents have strictly followed the rules and issued the impugned order transferring the applicant and no prejudice is caused to the applicant and the post of Superintendent is a state wide post and therefore, the applicant is obligated to render his service as Superintendent in any part of the state, dismissed the O.A. Having aggrieved by the same, the present writ petition is preferred by the applicant. Heard the learned counsel and perused the entire material available on record and the notice impugned. The main thrust of the argument of the learned counsel for the applicant is that that the applicant belongs to Zone VI and he has been transferred to Zone III while posting the unofficial respondent on promotion to Zone VI from Zone IV and therefore, the action of the respondents is illegal and arbitrary. It is further contended that the parents of the applicant became old and they are depending on him and therefore, transferring him from Nizamabad to Ongole is arbitrary. Apart from that, he is entitled to be transferred in the vacancy arose at Hyderabad. Hence, the order of the tribunal is liable to be set aside. On the other hand, learned G.P for services-I submitted that the post of Superintendent is a State wide post and in view of this, the question of retaining the applicant in a particular Zone at his choice, does not arise. Therefore, the tribunal is justified in rejecting the claim of the applicant. The fact that remains undisputed is that the post of Superintendent, is a State Wide post. At this stage, so as to know as to whether the authorities have adhered to the rules while transferring the applicant, it is relevant to go through the order of the 1st respondent, which reads as under: “Rule of Reservation for SCs at 15% and for STs at 6% is being following in promotions. The cadre strength of Superintendents in the District Offices is 38. Thus, 15% of S.Cs comes to 6 vacancies and 6% of S.Ts comes to 2 vacancies. The adequacy in the category of S.C is attained and there is a shortfall of one in S.T. category. But, no candidate in the category of Senior Assistant is available in S.T category in the District Offices. Hence, the vacancy meant for S.T category is to be filled as per merit and seniority. The earlier roster point ended up to 31 and now roster point starts with 32.” The above order makes it crystal clear that the authorities have strictly adhered to the rules while affecting the transfer to the applicant. It is needless to observe that the Courts will not generally interfere with the order of this nature unless there are malafides involved while passing such orders. In this view of the matter and in view of the fact that the respondents have strictly followed the rules while effecting the transfer of the applicant as rightly observed by the tribunal, We see no merits in this writ petition and thereby, the same is liable to be dismissed. Accordingly, this writ petition is dismissed. No costs. __________________________ Justice Ghulam Mohammed _____________________________ Justice B.Seshasayana Reddy Dated: 25th March, 2009 gurc. THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO :6292 of 2009 (Order of the Division Bench delivered by the Hon’ble Sri. Justice Ghulam Mohammed) 25th March, 2009