THE HONOURABLE SRI JUSTICE GHULAM MOHAMMED AND THE HONOURABLE SRI JUSTICE G.BHAVANI PRASAD WRIT PETITION No.25908 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 by the Andhra Pradesh Administrative Tribunal, Hyderabad, in O.A.No.8546 of 2009. 2. The petitioner approached the Tribunal under Section 19 of the Administrative Tribunals Act, 1985, challenging the order, dated 16.07.2009, passed by the second respondent herein, by virtue of which, he was transferred from Wardhannapet to Karimnagar Municipal Corporation in place of one Kumaraswamy, who is the fourth respondent herein. The Tribunal having considered the relevant material on record, set aside the impugned order therein, dated 16.07.2009, having regard to the fact that the petitioner has been posted to Karimnagar Municipal Corporation, where no vacancy is available, and further directed that the petitioner shall be posted at any of the places at Kothagudem and Khammam, where there are vacancies, and that from the date of relieving, the petitioner’s services should be treated as ‘compulsory wait’ till fresh orders are issued and till he joins in that place. Aggrieved by the said order, the present writ petition is filed. 3. The grievance of the petitioner is that as per G.O.Ms.No.169, dated 17.06.2009, he gave his choice of first preference for transfer as Warangal Municipal Corporation, but the second respondent without considering his request, has intentionally transferred the fourth respondent herein to that place. 4. Learned counsel appearing for the petitioner contended that as per Clause-vii of G.O.Ms.No.169, dated 17.06.2009, an individual who completed two years of service in a particular station shall only be transferred. He further contended that the petitioner has completed four years of service in Wardhannapet, Warangal District, and that in accordance with G.O.Ms.No.169, he has indicated his choice by giving first preference as Warangal Municipal Corporation, second preference as Khammam Municipality, nonetheless, the fourth respondent herein, who has not even completed two years of service in Karimnagar Municipality, has been transferred to Warangal Municipal Corporation without any justifiable grounds. 5. Learned counsel for the petitioner has also drawn the attention of this Court to the order, dated 09.12.2009, passed by this Court in W.P.M.P.No.33727 of 2009, whereby the petitioner was permitted to make representation before the appropriate authority to consider his request and the appropriate authority may consider the same in accordance with law. He further submits that pursuant thereto, the petitioner submitted representations to the respondents on 23.12.2009, 12.02.2010 and 27.03.2010, but, the same were not considered by the second respondent. Hence, he prays to allow the writ petition. 6. Learned Government Pleader for Services-I, appearing for respondents 1 to 3, submitted that in pursuance of the said G.O. and on medical and administrative grounds, the fourth respondent herein, who was working at Karimnagar Municipality, has been transferred and posted at Warangal Municipal Corporation, even though he has not completed two years of service at Karimnagar Municipal Corporation, as the said vacancy at Warangal arose as against an employee, who was placed under suspension. The petitioner is having long standing service at Wardhannapet, Warangal District, and hence, he was transferred from Wardhannapet to Karimnagar Municipal Corporation, on administrative grounds. 7. Today, the learned Government Pleader for Services-I placed before this Court the order, dated 12.04.2010, passed by the second respondent posting the petitioner to Kothagudem Municipality. He further contended that the posting of the petitioner is made strictly following the clauses contained in the said G.O., and as such, no interference is called for by this Court. 8. 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. 9. The contention of learned counsel for the petitioner that the petitioner is entitled to be posted at a place of his first preference i.e., at Warangal Municipal Corporation, having put in four years of service at Wardhannapet, cannot be accepted. 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 grounds, etc. The employee, as a matter of right, cannot demand to be posted at a particular place of his/her choice. 10. In the instant case, the petitioner has given his first preference for transfer as Warangal Municipal Corporation. Nonetheless, in the said G.O. 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. 11. The fourth respondent was transferred from Karimnagar Municipal Corporation to Warangal Municipal Corporation on medical and administrative grounds. 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. 12. For the foregoing discussion, the writ petition fails and is liable to be dismissed. 13. 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