IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 11879 of 1998 Between: B.T.S. Devaraj S/o. Thimothi, r/o. H.No. 10-29-1, Christianpet Kavali, Nellore District. ..... PETITIONER AND 1. The Board of Education of the Samavesam of Telugu Bapatist Churches, rep. by Educational Secretary, Collegiate Education, C.A.M. Compound, Nellore. 2. The Correspondent, A.B.M.Jr. College, Kavali, Nellore District. 3. The Commissioner and Director of Intermediate Education, Govt. of Andhra Pradesh, Nampally, Hyderabad. .....RESPONDENT(S) 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, one in the nature of Writ of Mandamus, declaring the alleged transfer order passed by the Ist respondent on 14-7-97 as was informed by the 2nd respondent herein vide his letter dt.10-7-97 the inaction on the part of respondent No.3 in not rectifying the irregularity inspite of representation by the petitioner is highly arbitrary, malafide, illegal and irregular and consequently directing the respondents to allow the petitioner to join duty as Senior Assistant in A.B.M.Jr. College, Kavali forthwith with all the benefits of salary etc. as per rules and to pass such other just and appropriate orders in the matter. Counsel for the Petitioner:MR.D.V.SITARAMAMURTHY Counsel for the Respondent No.: GP FOR HIGHER EDUCATION The Court made the following : THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO W.P.NO.11879 OF 1998 ORAL ORDER: This writ petition has been instituted questioning the correctness of an order passed by the 1st respondent on 14th July 1997, transferring the writ petitioner from A.B.M. Junior College, kavali to Coles Memorial Junior College, Kurnool, with effect from 15th July, 1997. The writ petitioner was working as a Senior Assistant at A.B.M. Junior College, a post, which is admitted to grant-in-aid. According to the impugned order, he has been subjected to transfer, as the incumbent Sri C.M.Bhakatavatsalam had retired at Kurnool and, therefore, it had necessitated the transfer of the writ petitioner from Kavali to Kurnool. He has, it appears, submitted a representation to the Commissioner, Intermediate Education, pointing out the grave irregularity committed by the Management of the A.B.M.Junior College, Kavali. The writ petitioner asserted that because of a running feud between two groups, the Management sought to victimize him by transferring him from kavali to Kurnool and that the said order has been passed without obtaining prior permission of the competent authority of the Education Department, because he was working against an aided post. The writ petitioner has also pointed out that the orders of transfer issued are in the teeth of the orders passed by the State Government in G.O.Ms.No. 177, Finance & Planning (Finance Wing: W&M-I) Department, dated 16-10-1997, by which, a ban on general transfers has been imposed, which is applicable even with regard to the aided institutions. Nowhere did the writ petitioner assert that pursuant to the orders of transfer, he did report to duty at the Institution at Kurnool and that they have declined to entertain him. This apart, the writ petitioner had retired from service on attaining the age of superannuation on 31-03-2000, and that his pension and other terminal benefits have not been settled so far. The 3rd respondent - Director of Intermediate Education filed his counter affidavit. He submitted that the ban imposed by the State Government through G.O.Ms.No.293, dated 01-10-1996, itself has recognized the exception indicating that a transfer, which is considered as inevitable on account of disbandment of posts, reversions, retirements, promotions, repatriations, deputation and disciplinary proceedings, are permissible. In the instant case, Sri C.M.Bhaktavatsalam, had retired from service at Kurnool, a transfer to fill up the said post has become inevitable and it is the prerogative of the Management to subject one of it’s employees to such a transfer. Therefore, the writ petitioner could not have resisted any attempt to transfer him from the Institution at Kavali to the Institution at Kurnool. However, while dealing with the second aspect of not settling the pension, the Director has pointed out that the petitioner has not submitted any pension proposals so far and in the absence thereof, the pension and other terminal benefits to which he was entitled to, could not be settled. Since the writ petitioner has already retired from service on attaining the age of superannuation on 31-03-2000, in case he submits the necessary pension papers in complete form and shape within the next three months, the same shall be processed as expeditiously as possible both by the 1st and the 3rd respondents herein, so as to enable the petitioner to be paid his terminal benefits as are otherwise admissible to him for the length of service rendered by him against an aided post within a further period of three months thereafter. Subject to the above, the writ petition is dismissed, but however, without costs. -------------------------------- Nooty Ramamohana Rao, J 26th February 2008 mrk ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{BDLNM}