HONOURABLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE K.G.SHANKAR WRIT PETITION No.17378 of 2011 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is filed aggrieved by the order, dated 19.01.2011, passed by the Andhra Pradesh Administrative Tribunal, Hyderabad, dismissing O.A.No.1038 of 2008, which was filed seeking to declare the action of the first respondent in issuing the proceedings No.939/04-B1(Pts), dated 30.01.2008, as illegal and arbitrary. The petitioner was appointed on compassionate grounds as an Attender and posted to Gram Panchayat, Yellareddy. Thereafter, on her request, she was transferred to the Office of the District Panchayat Office, Nizamabad by the Collector-the first respondent vide proceedings dated 21.01.1999 and since then she has been working there. While so, it appears that the first respondent addressed the third respondent for ratification of her transfer to the unit of District Panchayat Office and the same was rejected. Based upon it, the first respondent passed the impugned proceedings, which the petitioner challenged before the Tribunal. The Tribunal, however, dismissed the case of the petitioner, and being aggrieved by the same, the present writ petition is filed. Sri S.Satyam Reddy, learned counsel for the petitioner, vehemently contended that the impugned proceedings are passed totally ignoring the amendment made to Rule 14(d) of Andhra Pradesh Last Grade Service Rules, 1992; that in similar circumstances, where the respondents have effected transfer, the persons are continuing in District Panchayat Office, by virtue of the interim order granted by the Tribunal suspending the operation of the transfer orders passed thereunder and as such, the petitioner being similarly situated as those of the said employees, is eligible to the same relief and sought to allow the writ petition. Per contra, learned Government Pleader for Services-II appearing for the respondents drawn the attention of this Court to proviso 3 to Rule 14(d) of A.P. Last Grade Service Rules, 1992, which reads as under: - “Provided further that in respect of Regional Offices with territorial jurisdiction over more than one District or more than one Zone and where such Offices constitute separate units of appointment in respect of certain categories, such categories of posts in such offices can be filled by transfer of persons holding equivalent categories of posts in the local cadres located within the area over which that office has territorial jurisdiction over more than one District or more than one Zone and vice versa.” She further contended that the Gram Panchayat and District Panchayat Office are two different and separate units and as such, the petitioner cannot be transferred from one unit to the other unit, as per the Rules, thereby disturbing the seniority list already existing in the unit, to which the employee is sought to be transferred. Heard learned counsel appearing on either side and perused the relevant material produced before this Court. Amendment to Rule 14(d) of A.P.7 Last Grade Service Rules, 1992, is extracted hereunder for reference: “All Inter Departmental Transfers and postings of Last Grade Service from the unit of one Appointing Authority to that of another unit in another Department shall be made by the Appointing Authority of the unit to which such Last Grade Servant belongs with the consent of the Appointing Authority of the unit to which he is to be transferred, subject to limiting the inter-unit transfer to local cadres.” A perusal of the same clearly postulates that the Appointing Authority, in the instant case being the Collector, is empowered to make postings of Last Grade Service and all inter departmental transfers from one unit to another, subject to the consent of the Appointing Authority to which such employee is to be transferred. Notwithstanding the contention of the learned counsel for the petitioner that similarly situated persons are continued in the District Panchayat Office, despite the action of transferring them to District Panchayat Office from Gram Panchayat was rejected by the third respondent, which is in pursuance of the interim orders passed by the Tribunal in the O.As., filed by the respective persons, this Court is of the view that the ends of justice would be met if certain directions are issued to the Collector, who is the Appointing Authority. In that view of the matter, the writ petition is dismissed. However, granting liberty to the petitioner to make representation to the District Collector (Panchayat Wing), Nizamabad, who is the Appointing Authority, to consider her case for transfer from one unit to another, within a period of two weeks from the date of receipt of a copy of this order, thereupon, the said Authority shall pass appropriate orders, as per the existing and other Rules, within a period of three weeks therefrom. There shall be no order as to costs. ______________________________ JUSTICE GHULAM MOHAMMED ___________________________ JUSTICE K.G.SHANKAR​ 14th July 2011 DR