IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 6494 of 2005 Between: The Head Master, Saibaba Municipal elementary School, Ashoknagar, Ananthapur. ..... PETITIONER AND 1 Smt. M. Suguna, S.G.Assistant, Saibaba Municipal Elementary School, Ashok Nagar, Ananthapur. 2 The Commissioner, Ananthapur, Municipality, Ananthapur. .....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 nature of /Writ of Mandamus declaring the action of the 1st respondent in not complying with the cancellation of deputation orders as contained in the proceedings of the Govt vide Rc.BNo. 1220/C3-1/2003 dt. 28.3.2003 and disobeying the consequential order issued by the 2nd respondent herein vide Rc.No.1075/2003/2004, dt. 22.4.2003 as wholly illegal, arbitrary and violative of law and consequently this Hon'ble Court may be judiciously review the Judgment of the Hon'ble A.P.A.T. in O.A.No.7105/2003 dt. 01.03.2005 and pass such further other order or orders. Counsel for the Petitioner: R. Dilip Kumar Counsel for the Respondent : MR.S.I.NEWTON The Court made the following : ORDER THE HON’BLE SRI JUSTICE GHULAM MOHAMMED & THE HON’BLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION NO : 6494 of 2005 ORDER:: ( per Hon’ble Sri Justice Ghulam Mohammed ) This writ petition is filed seeking to issue writ of mandamus declaring the action of the 1st respondent in not complying with the cancellation of deputation orders as contained in the proceedings of the Government vide Rc.No.1220/C3-1/2003, dated 28-3-2003 and disobeying the consequential order issued by the 2nd respondent vide proceedings in Rc.No.1075/2003/2004, dated 22-4-2003 as being illegal, arbitrary and violative of law and consequently review the order dated 1-3-2005 passed in OA No.7105 of 2003 by the Andhra Pradesh Administrative Tribunal, Hyderabad. 2. The 2nd respondent in the OA is the writ petitioner herein and the 1st respondent herein is the applicant in the OA. The case of the applicant before the Tribunal was that while she was working as Secondary Grade Assistant in RMH School, she was transferred by proceedings dated 7-12-2002 to Valmiki Municipal Elementary School, Anantapur, but as the strength of that school was above the norms prescribed in the rationalization GO, the applicant submitted representation to the 2nd respondent on 14-12-2002 requesting him to transfer her to Saibaba Municipal Elementary School and accordingly the 2nd respondent-Commissioner transferred the applicant to Saibaba Municipal Elementary School on deputation and the applicant joined the said school on 8-1-2003. Thereafter the 2nd respondent on the representation of the applicant to the effect that she should be transferred to the said school instead of transfer on deputation, passed order dated 26-6-2003 transferring the applicant to the said school, by canceling the deputation order. It is stated that when the applicant sought to submit her joining report, the Headmistress of the said School did not allow her to join duty. It was further the case of the applicant that when she was not allowed to join duties, she brought the same to the notice of the 2nd respondent-Commissioner, but the 2nd respondent by proceedings dated 16-10-2003, instead of instructing the Headmistress of the said school to allow the applicant to join, cancelled her transfer order and directed her to report to duty at Valmiki Municipal Elementary School and the said proceedings are impugned before the Tribunal. The Tribunal by the impugned order allowed the OA and set aside the order dated 16-10-2003 and upheld the order dated 26-6-2003 by which proceedings the applicant was transferred to the Saibaba Municipal Elementary School. Aggrieved the by same, the present writ petition is filed by the 2nd respondent-Head Master, Saibaba Municipal Elementary School in the OA. 3. Heard the learned counsel for the petitioner and the learned counsel for the respondents. Perused the impugned order. 4. Admittedly, the applicant was posted as SG Assistant to Saibaba Municipal Elementary School by order dated 7-12-2002 on deputation and on a representation made by the applicant to transfer her to the said School, instead of deputation, for if she is on deputation, she has to draw her salary from the school where she was working initially, the 2nd respondent passed order dated 26-6- 2003 transferring her to the said School. It is also borne out from the record that without cancelling the earlier order dated 26-6-2003, the 2nd respondent-Commissioner passed orders transferring the applicant to Valmiki Municipal Elementary School. No plausible explanation was offered by the writ petitioner herein as to why the order dated 26-6-2003 passed by the 2nd respondent could not be obeyed. The 2nd respondent ought not to have passed the impugned order, as before effecting a transfer there are set norms that are to be followed, except in case of exigencies and on administrative grounds. 5. In that view of the matter, we do not find any illegality or irregularity in the impugned order passed by the Tribunal warranting interference by this Court. The writ petition is, therefore, dismissed. No order as to costs. _____________________ Ghulam Mohammed, J ______________________ B. Seshasayana Reddy, J Dated:30-1-2009 Nrg. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{JGK}