IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY THIRD DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 5126 of 2009 Between: Smt. S. Laxmi Devi W/o. Adinarayana Reddy Dharmavaram, Ananthapur District. ..... PETITIONER AND 1 The Government of Andhra Pradesh Rep. by its Principal Secretary, Higher Education Department, Secretariat, A.P. Hyderabad. 2 Commissioner of Intermediate Education A.P. Hyderabad. 3 The Regional Joint Director of Intermediate Education (FAC) Kadapa, Kadapa District. .....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 writ order or directions especially one in the nature of writ of Certiorari calling for records pertainaing to O.A.No.4134 of 2008 dt. 14-7-2008 set a side the same and further declare that the proceedings Rc No. 2058/A1/2/2008 dt. 5-6-2008 transferring the petitioner from Government Junior College, Singanamala of Ananthapur to Government Junior College, Dharmavaram as illegal, and further declare that the action of the respondents in not filling of the vacancies notified at Government Junior College, New town boys, Ananthapur and Government Junior College, Atmakur, though the persons attended in the counselling as illegal, and pass Counsel for the Petitioner:MR.M.SURENDER RAO Counsel for the Respondent No.: GP FOR EDUCATION The Court made the following : THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY W.P.No.5126 of 2009 ORDER: (Per Ghulam Mohammed, J) This writ petition is filed against the order dated 14.7.2008 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad in O.A. No. 4134 of 2008 whereby and whereunder the Tribunal upheld the proceedings dated 5.6.2008 transferring the petitioner to Government Junior College, Dharmavaram. 2. The brief facts of the case are that while the petitioner was working as Junior Lecturer at Government Junior College, Singanamala of Ananthapur District, she was transferred to Government Junior College, Dharmavaram vide proceedings dated 5.6.2008 of the third respondent on the ground that she has opted for vacancies which are available in Dharmavaram Government Junior College. But the petitioner stated that she has been posted to a place, to which she has not opted and her transfer to Government Junior College, Dharmavaram is contrary to the guidelines issued in G.O.Ms.No.134 Finance (W & M) Department dated 9.5.2008 and she filed O.A.No.4134 of 2008 challenging the proceedings dated 5.6.2008. 3. A counter affidavit has been filed by the respondents along with original records in the O.A. stating that in Government Junior College for Boys, New Town, Anantapur, two junior Lecturers have completed five years, but they were retained on the following reasons. 1) P.S.Lakshmi, JL in Economics has requested for retention on medical grounds and her spouse is working at Anantapur. Further, Government in their Memo No.649/IE.2/2008-1 dated 20.05.2008 have requested the 3rd respondent to consider the request as per G.O.Ms.No.134 Fin. & Plg. dated 09.05.2008. As her case has attracted medical grounds and spouse working, her request has been considered. 2)M.Jaya Lakshmi, JL, in Economics who has completed 5 years at the station has requested for retention as she is doing M.Phil at Study Centre of Anantapur. At the time of counseling, as there was no vacancy at Govt. Jr. College for Boys, New Town (due to retention of existing Junior Lecturers), the applicant has opted before the committee for posting to Govt. Jr. College (Boys) , Dharmavaram and accordingly, they considered and posted the applicant to Govt. Jr. College (Boys), Dharmavaram as per her request. It is further stated that the applicant accepted that place during physical counseling and collected the transfer orders on the spot on counseling day duly signing in token of receipt of the orders. It indicates her consent and acceptance. Hence, no illegality may be attributed. Here it is also pertinent to submit that Smt. R.Siva Parvathi who was working at Govt. Jr. College, Nimmanapalli, Chittoor Dist. and who is at S.No.5 (scoring 66 points) has also requested for transfer to Government Jr.College, Anantapur as first preference and Govt. Jr. College, Kalikiri as 2nd prefrence or retention as third preference. As there is no clear vacancy at Anantapur and at Govt. Jr. College, Kalikiri, she was posted to Govt. Jr. College (G), Madanapalli as per oral consent at the time of counseling. The case of applicant is also similar to this candidate who is at S.No.8 and her entitled points are 50 which is less than the points obtained by Siva Parvathi. If the posting at Anantpur is to be given, it would have been given to Smt. R.Siva Parathi only. Further as the applicant has given her oral consent and joined at Govt. Jr. College (Boys) Dharmavaram on the A.N. of 07.06.2008, filing of this O.A. is unjust” 4. With respect to the petitioner’s choice of place of Atmakur, it is stated in the counter as under: “…It is submitted that since the applicant has given oral consent at the time of counseling, she was given posting at her request and this cannot be termed as wrong. With regard to the contention of the applicant that she has orally opted for Govt. Jr. College, Atmakur as 2nd option, it is submitted that her request could not be considered as K.Kristappa, JL in Economics is working since 01.11.2007 at Government Junior College, Atmakur on deputation from Government Jr. College, Lepakshi and has put in only 1 year. Hence, her request could not be considered. But the fact remains that the applicant has orally opted for Govt. Jr. College for Boys, Dharmavaram and joined as Junior Lecturer at her wish duly accepting and signing the receipt on that day and joined at new station. Further having joined at Govt. Jr. College for Boys, Dharmavaram filing this O.A., for suspension of the impugned orders and retention at Singanamala is untenable.” 5. The Tribunal after taking into consideration the facts and circumstances of the case, dismissed the O.A. observing that transfer order issued by the third respondent is in accordance with the guidelines issued in G.O.Ms.No.134 dated 9.5.2008 and she was posted at Dharmavaram on her request. Aggrieved by the dismissal of the O.A., the petitioner has filed the present writ petition. 6. The learned counsel for the petitioner contends that employees beyond five years of stay at the same station may be retained, if there is no request for accommodation at the same place from other deserving employees, but the petitioner has requested the authorities to transfer her to Ananthapur and therefore, the respondent authorities have acted contrary to the guidelines issued for effecting the transfers. The learned counsel further contends that the petitioner never requested the authorities to transfer to Dharmavaram. Therefore, the Tribunal, without going into all the aspects, has erroneously dismissed the O.A. 7. .A perusal of the record would show that the petitioner was transferred to Government Junior College, Dharmavaram on her request and accordingly, she has joined at Dharmavaram. Two junior lecturers have been retained at Government Junior College for Boys, New Town, Anantrhapur i.e. P.S.Lakshmi was retained on the medical ground and her spouse is working at Ananthapur, and Ms. M.Jaya Lakshmi was retained on the ground that she is prosecuting further studies. Moreover, the respondent authorities have explained the reasons in the counter for retaining the two women at the said college and about the transfer of the petitioner to Dharmavaram. Therefore, it cannot be said that the authorities have acted contrary to the guidelines issued in G.O.Ms.No.134 dated 9.5.2008. 8. Having regard to the facts and circumstances of the case, we are of the view that writ certiorari jurisdiction is very narrow and limited and we do not see any ground to interfere with the order impugned in this writ petition under Article 226 of the Constitution of India. 9. Hence, the writ petition is dismissed. However, this order does not preclude the petitioner to make representation before the concerned authorities seeking transfer to Anathapur. No costs. _____________________ GHULAM MOHAMMED,J _______________________ B.SESHASAYANA REDDY,J 23-03-2009 Stp ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{VSMI}