IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH: HYDERABAD FRIDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND ELEVEN PRESENT: THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.15942 OF 2011 BETWEEN: K. Suresh Babu S/o. late K. Narayana Rao …. Petitioner AND The Government of Andhra Pradesh, represented by the Principal Secretary Social Welfare Department, Secretariat Buildings, Hyderabad and three others. …. Respondents HONOURABLE SRI JUSTICE K.C. BHANU WRIT PETITION No.15942 OF 2011 ORDER: This writ petition is filed seeking a Writ of Mandamus to declare the action of the respondents in conducting counselling and transferring the petitioner to a remote area, without considering his weightage points and without following the guidelines issued under G.O.Rt.No.455, dated 04-06-2011, and transferring person like respondent No.4 with lowest weightage points to Maluguru, Anathapur District, as illegal, arbitrary and violative of Rules made for transfer and consequently direct respondent Nos.1 to 3 to transfer the petitioner to the Social Welfare Residential School at Maluguru, Ananthapur District. 2. The brief facts that are necessary for disposal of the present writ petition may be stated as follows: The petitioner is working as Teacher in 2nd respondent Society, at Kanekal, Ananthapur District. Government of Andhra Padesh issued guidelines to conduct counselling on transfers for the year 2011-12 to the teaching and non-teaching staff working in A.P. Social Welfare Residential Educational Institutions Society by G.O.Rt.No.455, dated 04-06-2011, and the petitioner appeared for the same. The petitioner was transferred to a remote area in Kadapa District, even though he stood in No.1 position in the list by securing 43 weightage points. As per the guidelines, the first meritorious person has to choose his choice of place in the counselling. Wife of the petitioner is working as School Assistant at Pattikuntapalli Villages, Somandepalli Mandal. She is suffering from diabetes and heart ailments and that his children are also prosecuting their studies at Hindupur. The petitioner requested the respondents to transfer him to Maluguru of Hindupur Town, which is nearer to the working place of his wife. Without considering the weightage points and request of the petitioner, the respondents transferred him to a remote area and unilaterally transferred respondent No.4 to the School at Maluguru, who got less weightage marks than the petitioner. Hence, the writ petition. 3. Heard both sides. 4. The learned counsel for the petitioner contended that the Government framed guidelines for effecting transfers vide G.O.Rt.No.455, dated 04-06-2011, whereunder and whereby the first meritorious person has to choose his choice of place in the counselling; that the petitioner secured 43 weightage points and topped the counselling list, and therefore, he should have been transferred to the place as opted by him. 5. Learned counsel for the respondents contended that for the last 16 years the petitioner never worked in the remote areas; that the transfer policy is only a guideline for the purpose of effecting the transfers; and that cannot be claimed as a matter of right and therefore, there are no grounds to interfere with the same. 6. Ordinarily, this Court would not interfere with the transfer orders, unless it is vitiated by mala fides or contrary to the Rules or there is any arbitrariness on the part of transferring authority. The entire allegations in the affidavit filed in support of the petition do not disclose, that the transfer order is contrary to the Rules or there is any allegation of mala fide against the person, who effected the transfer. Similarly, it is not the case of the petitioner that the authority, who issued transfer orders, has no jurisdiction. 7. There cannot be any dispute that the guidelines for transfer of employees have no statutory force. Those guidelines have to be observed for the purpose of transparency in effecting transfers. No doubt the guidelines as framed under G.O.Rt.No.455, dated 04-06- 2011, provide that the staff, who have completed maximum period of 4/5 years respectively and who have secured lowest weightage marks shall be posted in the remote areas notified and after filling up of the vacant posts in remote areas first in Category – IV given, then only the filling up of posts in other areas shall be taken up. The petitioner secured weightage points of 43 and topped the list in counselling. But, for the fact that he never worked in the remote areas and for the last 16 years he was working in the urban areas, he was rightly transferred now to rural area. Therefore, there are no grounds to interfere with transfer orders as the case of the petitioner does not come under the purview of any one of the categories as stated above. 8. The Writ Petition is devoid of merit and is, accordingly, dismissed. There shall be no order as to costs. ______________ K.C. BHANU, J June 17, 2011. Note: Issue CC in two (2) days. B/O. KTL