IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 25102 of 2006 Between: 1 Commissioner & Director of School Education, A.P., Opp : A.G.'s Office, Hyderabad. 2 District Educational Officer, Warangal District, Warangal. 3 Dy. Inspector of Schools, Warangal East Warangal. ..... PETITIONER(S) AND Smt. B. Sunitha, S.G.T. Govt. Private School Railway Gate, Warangal East .....RESPONDENT 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 appropriate Writ or direction more particularly one in the nature of "Writ of Certiorari" calling for the records relating to and connected with orders dt. 01-11-206 in MA No. 3214/2006 in OA No. 8112 of 2005 on the file of the Hon'ble APAT Hyderabad and to quash or set-aside the same by holding as erroneous and contrary to law justice and pass such order or orders the Hon'ble Court may deem fit proper in the circumstances of the case Counsel for the Petitioner:GP FOR SERVICES I Counsel for the Respondent No.: MR.M.SURENDER RAO The Court made the following : HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE C.V.RAMULU Writ Petition No.25102 of 2006 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is filed seeking to quash the order dated 01-11-2006 in M.A.No.3214 of 2006 in O.A.No.8112 of 2005 on the file of Andhra Pradesh Administrative Tribunal. 2. The respondent is the applicant in the above O.A. She filed the M.A. seeking suspension of the order dated 21-11-2005 passed by the District Educational Officer, Warangal district, pending disposal of the O.A. The Tribunal, after considering the prima facie case, has given a positive direction to the said District Educational Officer to continue the applicant as Secondary Grade Teacher at Government Primary School, Railway Gate, Warangal. The grievance of the respondent – applicant is that she is working in the Government school, in the local cadre, and subsequently transferred to Zilla Parishad High School and that the Zilla Parishad High Schools are not organised in the local cadre and therefore, the authority ought not to have transferred her to Z.P.H.S. 3. Heard learned Government Pleader and learned counsel appearing for the respondent. 4. We are not inclined to express any opinion on the merits of the case as the writ petition is filed against the interim order passed by the Tribunal. At this stage, learned Government Pleader submitted that the Tribunal ought not to have retained the respondent at the place of her choice especially when there is no existing post of Secondary Grade Teacher at Government Primary School, Railway Gate, Warangal. In the circumstances, we modify the impugned order passed by the Tribunal directing the petitioners to transfer the respondent to any other Government school other than Zilla Parishad High School. 5. Subject to above, the writ petition is disposed of. No costs. __________________________ GHULAM MOHAMMED, J. ___________________ C.V.RAMULU, J. 03-07-2008 bsc