IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 5362 of 2009 Between: Abdul Faheem Jaweed S/o. Abbual Hai Office of the Tahsildar, Ghatkesar Mandal, Ranga Reddy District. ..... PETITIONER AND 1 The District Collector, Ranga Reddy District. 2 D.Devuja Officer of the Tahsildar, Medchal Mandal, Ranga Reddy District. ..RESPONDENTS 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 writ or order or direction more particularly one in the nature of WRit of Certiorari calling for the records pertaining to O.A.No. 4023 of 2009 on the file of the Hon'ble A.P.Administrative Tribunal, Hyderabad and Quash the Order dt. 5-3-09 in and the roceedings Rc.No. A1// dated issued by the 1st respondent pertaining to the petitioner transferring him from the office of the Tahsildar, Ghatkesar Mandal, Ranga Reddy District to KRC Chevella Division, by holding that it is illegal, arbitrary and unconstitutional consequently direct the 1st respondent to retain the petitioner in the Office of the Tahsildar, Ghatkesar Mandal, Ranga Reddy District and pass such other order or orders Counsel for the Petitioner:MR.K.V.SUBBA REDDY Counsel for the Respondents: GP FOR SERVICES II The Court made the following : O R D E R (Per the Hon’ble Sri Justice Ghulam Mohammed) : This writ petition is filed seeking a writ of Certiorari to quash order dated 05-03-2009, passed by the Andhra Pradesh Administrative Tribunal, in O.A.No.4023 of 2009, and also proceedings dated 27-02- 2009, issued by respondent No.1, by which the petitioner was transferred from the Office of the Tahsildar, Ghatkesar Mandal, Ranga Reddy District to KRC, Chevella Division. The petitioner has approached the Tribunal under Section 19 of the Administrative Tribunals Act, 1985, assailing the legality and validity of the order, transferring him from Ghatkesar to Chevella Division. The Tribunal has declined to interfere with the said proceedings, on the ground that the said transfer was made on administrative grounds. Hence, the petitioner has approached this Court by filing this writ petition. Heard the learned counsel for the petitioner and perused the record. The learned counsel for the petitioner has contended that the petitioner’s children are studying in school, and therefore, the authority ought not to have transferred him in the middle of the academic year, and that the Tribunal has failed to consider this aspect. It is needless to mention that transfer is an incidence of service. This Court, under Article 226 of the Constitution of India, while exercising judicial review in respect of transfers, interferes with such order provided the same is in violation of the Statutory Rules or there are any mala fides behind the said transfer. In the instant case, the petitioner was transferred on administrative grounds to meet the exigency of service. The learned counsel for the petitioner submitted that after the dismissal of O.A. by the Tribunal, the petitioner has joined at the new place on 09-03-2009, and he has been allotted Election duty. For the reasons mentioned above, we do not find any reason to interfere with the orders impugned. The writ petition is, therefore, dismissed. No order as to costs. ____________________ GHULAM MOHAMMED,J Dated 6th April, 2009 _____________________ B.SESHASAYANA REDDY,J vrn