IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 15387 of 2009 Between: B.Surya Prakash Reddy, S/o. Sri B.Nagi Reddy, P.G. Teacher in English, APSWR School, Rajapuram, Gooty Mandal, Ananthapur Dist., unde orders of Transfer and Posting to APSRS/JC, B.Mattam,kadapa District. ..... PETITIONER AND 1 The Secretary, A.P. Social Welfare Residential Educational, Institutions Society, Hyderabad. 2 The Government of Andhra Pradesh, Rep by its Secretry, Social Welfare (RS-I) Department, A.P. Secretariat, Hyderabad. .....RESPONDENTS 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 an appropriate Writ, Orders or Direction, more particularly one in the nature of Writ of Mandamus, to declare the action of the 1st respondent in passing the impugned proceedings Rc.No.Co.II/Z-IV/4696/2009 dated 12/07/2009 as arbitrary, illegal and the one passed with colourable exercise of power further also being the one passed without exercising the mind in proper perspective as such set aside the same and consequently direct the respondents to retain the services of the petitioner at the present place i.e., Rajapuram for the present and Counsel for the Petitioner:MR.K.RAM REDDY Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 15387 of 2009 O R D E R : I have heard the learned counsel for the petitioner and the learned Government Pleader appearing for the respondents. This writ petition is filed challenging the order dated 12.07.2009 passed by the first respondent transferring the petitioner from Gooty, Ananthapur District to B.Mattam, Kadapa District. Though, it is mentioned in the impugned order that the said transfer was effected on a request made by the petitioner, it is pleaded in the writ petition that he never made such request. It is also stated that since the petitioner was posted at Gooty, Ananthapur only in the year 2006 and he has not completed 5 years service at Gooty, he cannot be transferred compulsorily and therefore, the impugned order is contrary to the guidelines under G.O.Rt.No.470 dated 2.06.2009. Be that as it may, since the petitioner states that as against the impugned order dated 12.07.2009 he has already preferred an appeal as provided under Clause 21 of the Guidelines through proper channel on 16.07.2009, without expressing any opinion on merits, the writ petition is disposed of with a direction to the appellate authority to dispose of the petitioner’s appeal and pass appropriate orders in accordance with law as expeditiously as possible, preferably within a period of one week from the date of receipt of a copy of this order. Till such time, the impugned order dated 12.07.2009 shall not be given effect to. No costs. _____________ G. ROHINI, J Date: 06-08-2008 Note: Issue C.C. by tomorrow. KLP