IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY THE FIFTH DAY OF DECEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No. 25687 OF 2009 Between: Smt. P.Ammayamma ..... PETITIONER AND The Chairman, The A.P. Society Welfare Residential Educational, Institutions Society, Hyderabad and 4 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. 25687 OF 2009 ORDER : The petitioner is working as TGT (Telugu Teacher) in APSWRS/JC Girls at Mandasa, Srikakulam District. Initially she was working in Andhra Pradesh Social Welfare Residential School/ Junior College (boys) (for short APSWRS/JC (Boys)) at Kanchili in Srikakulam District. By order dated 20.08.2009 passed by the 1st respondent, she was transferred to APSWRS/JC (Girls) Mandasa in an existing vacancy. Aggrieved by the same, the petitioner filed W.P.No.18320 of 2009 alleging that the said order was passed at the instance of the 5th respondent to accommodate him at a place of his choice and at any rate the impugned order, which was passed without giving any opportunity to the petitioner to make her representation, was arbitrary and illegal. The said writ petition was disposed of by this Court by order dated 02.09.2009, permitting the petitioner to make an appropriate representation before the 1st respondent raising all her objections against the impugned order of transfer within a period of one week and thereafter, the 1st respondent shall consider the same and pass appropriate orders in accordance with law within a period of two weeks after hearing the petitioner as well as the 5th respondent. Till such time, status quo obtaining as on that date in all respects was ordered to be maintained. Pursuant thereto the petitioner states that she made a representation within the time granted by this Court. However, the 1st respondent without giving an opportunity of hearing to the petitioner passed the impugned order, dated 05.11.2009, rejecting the petitioner’s appeal. The said order is under challenge in this writ petition contending inter alia that the impugned order, which was passed without giving an opportunity of hearing to the petitioner, is contrary to the directions of this Court in W.P.No.18320 of 2009 apart from being in violation of principles of natural justice. It is also contended that the order was passed by the 1st respondent without application of mind to any of the objections raised by the petitioner and therefore, on that ground itself the order is liable to be set aside. I have heard the learned counsel for the petitioner and perused the material on record. It is not in dispute that APSWRS/JC at Kanchili, from which place the petitioner has been transferred to Mandasa, is a Boys Institution. As per the Service Rules governing the Andhra Pradesh Social Welfare Residential Educational Institutions Society, the female teachers are required to be posted in Girls Institutions and till a female teacher is available, a male teacher above 50 years of age may be posted in the Girls Institutions. In terms of the Service Rules, G.O.Ms.No.470 dated 26.06.2009 has been issued deciding to shift all the male teachers below 50 years of age working in the Girls Institutions to Boys Institutions. The objections/Appeal preferred by the petitioner were rejected by the 1st respondent stating that the transfer of the petitioner to a Girls Institution at Mandasa under the order dated 20.08.2009 is only to see that the male teaching staff working in the Girls Institutions are shifted to Boys Institutions in compliance with G.O.Ms.No.470 dated 26.06.2009. Having regard to the reasons assigned in the impugned order, I am unable to hold that the impugned order suffered from any infirmity warranting interference by this Court. As could be seen, the transfer of the petitioner from Kanchili to Mandasa is only on administrative ground to facilitate the implementation of the policy guidelines, which is in the interest of the Institution and the students. It is also relevant to note that the petitioner has already worked at Kanchili in different spells for almost about 12 years. In the circumstances, her transfer from kanchili to Mandasa, which is at a distance of 18 kilometres, cannot be held to be arbitrary or illegal on any ground whatsoever. Even assuming that no opportunity of hearing was given to the petitioner, it cannot be said that it has caused any prejudice to the petitioner since the impugned order has been passed on proper appreciation of all the relevant factors and assigning cogent reasons. So far as the 5th respondent herein is concerned, he was initially working in APSWRS/JC (Boys) Kanchili, Srikakulam District. Though he was transferred to APSWRS/JC (Boys), Palakonda by order dated 16.07.2009, again he was transferred and posted to APSWRS/JC (Boys) Kanchili. Hence, the allegation that the petitioner’s transfer to Mandasa was only to accommodate the 5th respondent at Kanchili is unfounded and without any basis. From the material available on record, since it is clear that the petitioner’s transfer from the Boys Institution at Kanchili to the Girls Institution at Mandasa is only for proper implementation of the policy decision to post only female teachers in Girls Institutions, the impugned order cannot be held to be arbitrary or illegal. Accordingly, the Writ Petition, being devoid of any merit, is hereby dismissed. No costs. _____________ G. ROHINI, J. Date: 05.12.2009 Ivd