HONOURABLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE K.G.SHANKAR WRIT PETITION No.18685 of 2011 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is filed assailing the validity and legality of the order, dated 27.06.2011, passed by the A.P. Administrative Tribunal, Hyderabad, dismissing O.A.No.5153 of 2011. The said O.A. was filed by the petitioner herein seeking to declare the proceedings of the third respondent, dated 12.06.2011 in Rc.No.1019/R2B/R2A/2011 in transferring her from the existing vacancy in the fourth respondent organization and posting one Smt V.Elisi Manjushah in her place as illegal and arbitrary. Learned counsel for the petitioner contended that the order transferring the petitioner from the Government Dental Hospital, Vijayawada to Upper Grade Primary Health Centre, Rudrapaka, which was impugned in the said O.A., was not served on the petitioner and prayed this Court to allow this writ petition, quashing the impugned order passed by the Tribunal, to meet the ends of justice. On the other hand, learned Government Pleader for Services-I submitted that the petitioner was already relieved from service from the Government Dental Hospital, Vijayawada. Heard learned counsel appearing on either side and perused the relevant material papers on record. The petitioner was working as Staff nurse in Government Dental Hospital, Vijayawada since 2005. As per G.O.Ms.No.93, a person who has completed five years of service at a station cannot be retained at the same station. Therefore, the petitioner who was working in the station of Vijayawada since 2005 i.e., more than five years is liable to be transferred. That apart, as rightly observed by the Tribunal in its impugned order, the person by name Smt V.Elisi Manjushah, who is the said to be posted in her place, questioning which, she filed the said O.A., was not made a party to the O.A. The said Smt V.Elisi Manjushah is neither made party in the said O.A. nor before this Court. In the facts and circumstances, as the petitioner has already completed more than 5 years of service in Vijayawada Station, as per G.O.Ms.No.93, she is liable to be transferred and as such, the action of the respondents in transferring her cannot be find fault with. Further, it is to be noted that transfer is an incidence of service. Unless mala fides or statutory violationof the Rules are attributed against the competent authority, this Court, normally, will not interfere with the orders of transfer. Abuse or improper use of power is mala fide exercise of power. The same is not attributed against the competent authority. For the foregoing reasons, the writ petition fails and the same is, accordingly, dismissed, at the stage of admission. There shall be no order as to costs. ______________________________ JUSTICE GHULAM MOHAMMED ___________________________ JUSTICE K.G.SHANKAR​ 14th July 2011 DR