IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 22264 of 2008 Between: Smt.R.Celestial, New APHB Colony, Near B.Camp, Kurnool, Kurnool District. ..... PETITIONER AND The A.P.S.W.R.E.I Society, Hyderabad rep., by its Secreatary and other. ...RESPONDENTS The Court made the following : IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO :15012 of 2009 Between: Smt.Uzwala Anantham, Kambalapadu, Kurnool District. ..... PETITIONER AND The A.P.S.W.R.E.I Society, Hyderabad rep., by its Secretary and others. ...RESPONDENTS The Court made the following : THE HON'BLE Ms. JUSTICE G. ROHINI WRIT PETITION Nos.22264 of 2008 & 15012 of 2009 COMMON ORDER: The petitioners in both these writ petitions are in the service of A.P Social Welfare Residential Educational Institutions Society working as Lecturers in different Junior Colleges in Kurnool District. The petitioner in W.P.22264 of 2008 was originally working as a Lecturer in the Junior College at B.Camp in Kurnool District from the year 2003 onwards. By proceedings dated 6.6.2008, she was transferred from B.Camp to Koilakuntla, Kurnool District. However, she made a representation with a request to retain her at B.Camp stating that she suffered from flourosis because of the fluoride content in the water at Koilakuntla, pursuant thereto, she was again transferred and posted to B.Camp, Kurnool District, by proceedings dated 23.8.2008. Subsequently, the said order dated 23.8.2003 was cancelled by the 1st respondent by order dated 29.9.2008. Challenging the said order, the petitioner filed W.P.No.22264 of 2008. This Court while issuing Rule nisi, by order dated 13.10.2008, granted interim suspension of the impugned order and consequently she continued at B.Camp, Kurnool. While so during the counselling held for transfer of the Junior Lecturers for the academic year 2009-10, the petitioner in W.P.No.15012 of 2009 opted to B.Camp and accepting the same by order dated 16.7.2009, she was transferred to the Junior College at B.Camp in the place of the petitioner in W.P.No.22264 of 2008 and in turn the petitioner in W.P.No.22264 of 2008 was transferred to Kambalapadu. Subsequently, having noticed that the order of stay granted by this Court in W.P.No.22264 of 2008 is in operation, the 2nd respondent vide proceedings dated 21.7.2009 has kept in abeyance the order dated 16.7.2009 and consequently posted the petitioner in W.P.No.15012 of 2009 to Kambalapadu of Kurnool in the existing vacancy. Aggrieved by the same, W.P.No.15012 of 2009 has been filed. Though no counter affidavit is filed on behalf of the respondent in W.P.No.15012 of 2009, a detailed counter affidavit has been filed on behalf of the respondent in W.P.No.22264 of 2008. As could be seen from the said counter affidavit, no clear vacancy was available at B.camp as on the date of counseling held for the academic year 2009-10. In the circumstances, the order dated 16.7.2009 is ex-facie erroneous. Be that as it may keeping in view the admitted fact that the petitioner in W.P.No.22264 of 2008 has been working at B.Camp from the year 2003 onwards and has already completed more than five years, she cannot be continued at the said place any longer as per the guidelines. In case she is transferred to some other suitable place, a clear vacancy arises at B.Camp and then probably the petitioner in W.P.No.15012 of 2009 can be posted at B.Camp. In the circumstances, there shall be a direction to the 2nd respondent to review the entire issue after giving an opportunity to the petitioners in both the writ petitions and pass appropriate orders in accordance with law after obtaining necessary approval of the 1st respondent. Such exercise shall be completed within a period of four weeks from the date of receipt of this order. Till such time, status- quo obtaining as on today shall be maintained in all respects. With the above directions, both the writ petitions are disposed of. No costs. _______________ Justice G.Rohini Date:27.08.2009 Note: Issue CC by Monday. B/O mrb