IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TEN PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No. 23920 OF 2009 Between: B.Sudershan ..... PETITIONER AND Andhra Pradesh Social Welfare Residential Educational Institutions Society (APSWREIS) Rep. by its Secretary, Masab Tank, Hyderabad and others .....RESPONDENTS Counsel for the Petitioner: Counsel for the Respondents: The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 23920 OF 2009 ORDER : The petitioner herein was appointed as P.G.T on 15.09.1994 in Andhra Pradesh Social Welfare Residential Educational Institutions Society and lateron he was promoted as Junior Lecturer on 30.10.1995. In June 2000, the petitioner was transferred to Narayankhed, Medak District as per the transfer guidelines. From Narayankhed he was transferred and posted to Hathnoora on 04.08.2008. Subsequently, the petitioner’s wife, who is a government teacher has also been transferred to Hathnoora. While so, the impugned order dated 07.10.2009 came to be passed by the 2nd respondent transferring and posting the petitioner to APSWRS/JC Parigi, Ranga Reddy District in the existing vacancy of Junior Lecturer (Zoology). The said action of the respondents has been challenged in this writ petition contending that since there is one more zoology lecturer by name one K.Satyanarayana at Hathnoora who is also willing to go to Parigi provided protection of entitlement points is given for the next transfer counselling in the year 2010, the impugned action of the respondents in transferring the petitioner to Parigi is unwarranted and unjustified. A counter affidavit has been filed on behalf of the respondents stating that since the willingness that was given by K.Satyanarayana was subject to the condition to count his entitlement points for the next transfer counselling, the same was not considered and the impugned order was rightly passed. I have heard the learned counsel for both the parties. It is clear from the impugned order itself that a decision was taken by the 1st respondent-Society for shifting the Arts group from three independent Junior Colleges to the nearby upgraded institutions and in the process the staffing pattern at Hathnoora was modified reducing the posts of Junior Lecturers in zoology from two to one taking into consideration the workload in the said college. Pursuant thereto, the impugned order has been passed posting the petitioner to the College at Parigi. Though the fact that the petitioner is junior to the other Lecturer in Zoology by name K.Satyanarayana is not in dispute, it is contended that since the said Satyanarayana was willing to work at Parigi, the respondents could have considered the request of the petitioner to retain him at Hathnoora. As could be seen from the counter affidavit filed on behalf of the respondents, the willingness given by the said Satyanarayana subject to condition of counting his entitlement points for the next transfer counselling was not acceptable to the respondents. The action of the respondents in rejecting such conditional willingness given by an employee cannot be held to be illegal or arbitrary. So far as the impugned order is concerned, admittedly only one post of Junior Lecturer in zoology is available at Hathnoora. It is also not in dispute that the petitioner is the junior most in the Department of Zoology. Thus the impugned transfer is apparently on administrative grounds, and therefore the interference by this Court is not warranted on any ground whatsoever. Accordingly, the Writ Petition is dismissed. No costs. _____________ G. ROHINI, J. Dt. 27.01.2010 Ivd