THE HONOURABLE SRI JUSTICE GHULAM MOHAMMED AND THE HONOURABLE SRI JUSTICE G.BHAVANI PRASAD WRIT PETITION No.26910 of 2009 ORDER: (Per the Hon’ble Sri Justice Ghulam Mohammed) This writ petition is filed assailing the legality and validity of the order, dated 15.10.2009, passed in O.A.No.8546 of 2009 by the Andhra Pradesh Administrative Tribunal, Hyderabad. 2. The first respondent herein approached the Tribunal under Section 19 of the Administrative Tribunals Act, 1985, challenging the order, dated 16.07.2009, passed by the third respondent herein, by virtue of which, he was transferred from Wadhannapet to Karimnagar Municipal Corporation in place of one Kumaraswamy, who is the fifth respondent herein. The Tribunal having considered the relevant material on record, set aside the impugned order therein. The writ petitioner is aggrieved by the impugned order of the Tribunal insofar as directing that the first respondent herein shall be posted at any of the places at Kothagudem and Khammam. 3. The case of the petitioner is that as per the proceedings vide No.555/CS1/2009, dated 16.07.2009, of the third respondent, he was transferred from Warangal Municipal Corporation to Kothagudem Municipality and that as on the date of passing of the impugned order by the Tribunal he has put in only four years of service at Kothagudem. It is further stated that after passing of the impugned order, the first and third respondents are making hectic efforts to transfer the first respondent to Kothagudem, thus, disturbing him from the said place. 4. Heard learned counsel for the petitioner and learned Government Pleader for Services-I. 5. Today, in W.P.No.25908 of 2009, the learned Government Pleader for Services-I placed before this Court the order, dated 12.04.2010, passed by the third respondent posting the first respondent to Kothagudem Municipality. 6. In G.O.Ms.No.169, dated 17.06.2009, it is clearly indicated that all transfers other than transfers for administrative reasons shall be done by counseling. In other words, for transfers on administrative reasons, no counseling shall be done. Even then, the executive instructions do not confer any enforceable right on an individual so as to interdict the transfer orders and it is for the administration to post an individual taking into account the medical, administrative reasons, etc and it is not for this Court to interfere with the same. 7. It is needless to mention that orders of transfer can be interfered with by this Court only on limited grounds namely violation of statutory Rules framed by the authority or the mala fides alleged and established against the competent authority. These two grounds are missing in the present case. 8. An employee can exercise his option giving preference to the places for transfer. But, it is for the employer to consider the same keeping in view various factors like medical, administrative, etc. The employee, as a matter of right, cannot demand to be posted at a particular place of his/her choice. 9. For the foregoing discussion, the writ petition fails and is liable to be dismissed. 10. In the result, the writ petition is dismissed. There shall be no order as to costs. _____________________________ JUSTICE GHULAM MOHAMMED ____________________________ JUSTICE G.BHAVANI PRASAD 13th April 2010 dr