IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SECOND DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED AND THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 4013 of 2009 Between: Smt. N. Supriya W/o. Chandraiah O/o. The Dy. Commissioner of Endowments, Warangal Zone, Warangal. ..... PETITIONER AND 1 The Commissioner of Endowments Boggalakunta Hyderabad. 2 The Deputy Commissioner of Endowments Department Warangal Zone, Warangal Dist. 3 Sri T. Rajendram S/o. and Age not known to the petitioner O/o. Asst. Commissioner, Endowments Dept., Warangal. .....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 a writ order or direction more particularly one in the nature of writ of certiorari calling for the records leading upto and inclusive of the Order of the A.P. Administrative Tribunal in O.A.No.3260 of 2009, dt.20-02-2009 confirming the Memo No.D3/7110/2009, dt.18-02-2009 of the Addl. Commissioner, O/o. The Commissioner, Endowments Dept., A.P., Hyderabad and set aside the same holding it as wholly arbitrary, illegal and violative of principles of natural justice. Counsel for the Petitioner: MR.S.SHARAT KUMAR Counsel for the Respondent No.: GP FOR ENDOWMENTS The Court made the following : ORAL ORDER: (Per the Hon’ble Sri Justice Ghulam Mohammed ) This writ petition has been filed seeking a writ of certiorari, challenging the order dated 02.02.2009 passed by the A.P. Administrative Tribunal, Hyderabad in O.A. No. 3260 of 2009 upholding the transfer of the petitioner from Warangal to Sri Seetharamachandra Swamy Devasthanam, Bhadrachalam, confirming the Memo No.D3/7110/2009 dated 18.2.2000 issued by the Addl. Commissioner, Endowments. The petitioner is working as Superintendent in the office of the second respondent since July, 2008. On 18.2.2009 orders were issued transferring the petitioner to Sri Seetharamachandra Swamy Devasthanam, Bhadrachalam, within six months of her posting at the present place i.e. Warangal. It is submitted that the reason for transfer, according to her, is heavy workload at Sri Seetharamachandra Swamy Devasthanam, Bhadrachalam and in her place, one Sri T.Rajendran, Superintendent, Office of the Assistant Commissioner of Endowments is being posted. It is also submitted that the post in which she is transferred is not suited for a woman candidate with all her biological problems inasmuch as the temple administration requires constant attention as there is heavy workload and, therefore, Sri T.Rajendran, who is sought to be posted in her place at Warangal, may be posted at Sri Seetharamachandra Swamy Devasthanam, Bhadrachalam. As such, she filed the above O.A. The Tribunal having considered the contentions of the petitioner that her husband suffered facture to right hand and he has been on leave, that her father-in-law is aged about 75 years and that her daughter is studying Intermediate first year, has observed that in the transfer order it is stated that there is heavy workload particularly in view of ensuing Sri Rama Navami Festival at Bhadrachalam, the petitioner was transferred. It is to be noted that the transfer is an incidence of service and depends on the exigencies of work and an employee cannot demand posting at a place of choice. The orders of transfer can be interfered with only on limited grounds namely the order was passed by an incompetent Officer or it is an infraction of statutory provisions or on the grounds of malafides. The order of transfer shows that the petitioner was transferred to Sri Seetharamachandra Swamy Devasthanam, Bhadrachalam, in view of heavy workload for the ensuing Sri Rama Navami Festival. The Tribunal while negativing the contentions that the petitioner’s father-in-law is aged 75 years and that her daughter is studying in Intermediate First Year, has upheld the order of transfer. Learned counsel for the petitioner contended that because the petitioner has to physically stay at Bhadrachalam and work there, the third respondent may be posted at Sri Seetharamachandar Swmay Devasthanam, Bhadrachalam.s Since we are not inclined to interfere with the decision rendered by the Tribunal, we also decline to exercise the jurisdiction under Article 226 of the Constitution of India and uphold the order of the Tribunal. The Writ Petition fails and is accordingly dismissed. No order as to cost. This order, however, does not preclude the petitioner from making representation to the Authorities, in which event, the same may be considered in accordance with law. ______________________ Justice Ghulam Mohammed _________________ Justice Sanjay Kumar March 2, 2009 MAS