THE HON’BLE SRI JUSTICE GHULAM MOHAMMED & THE HON’BLE SRI JUSTICE K.G.SHANKAR WP Nos.8231 of 2008 & 31314 of 2010 Common Order: ( per Hon’ble Sri Justice Ghulam Mohammed, J ) Both these writ petitions arise out of the same order dated 9-4- 2008 passed in OA No.3739 of 2005 by the AP Administrative Tribunal, Hyderabad. Since the subject matter in both the writ petitions is same, suffice if facts in WP No.8231 of 2008 are adverted to. 2. The facts stated are:- the applicant-1st respondent herein who is working as SG Teacher, 18th Ward School, Kadapa Municipal Corporation, filed the above OA No.3739 of 2005 questioning the order of transfer of the writ petitioner herein who is working as School Assistant in Ananthapur District to the school in Kadapa Municipal Corporation vide proceedings of the Commissioner and Director of Municipal Administration, dated 29-6-2005. The Tribunal by the impugned order set aside the transfer order of the writ petitioner herein on the ground that transfer of an individual from one unit to another unit can be done only in exercise of power under Para 5 (2) (c) of the Presidential Order and powers under 5 of the Presidential Order cannot be delegated to another department and, therefore, the 2nd respondent lacks jurisdiction. Aggrieved by the same these writ petitions. WP No.8231 of 2008 is filed by the un-official respondent and another WP No.31314 of 2010 is filed by the official respondents in the OA. 3. Heard learned counsel for the contesting parties in the matter. Perused the impugned order passed by the Tribunal. 4. It is to be noted that the request for transfer of the writ petitioner herein who was working in the school at Ananthapur as School Assistant was considered under spouse case i.e. her husband is working in the school in Kadapa Municipal Corporation. The grievance of the applicant-1st respondent herein seems to be that if the writ petitioner is allowed to transfer to the school in Kadapa Municipal Corporation, her chances of future promotion and seniority in the cadre of School Assistant, would be affected, if and when she is promoted to the post of School Assistant. It is stated by the learned Government Pleader for Services-I that the applicant-1st respondent herein stands at Sl.No.55 for promotion to the post of School Assistant, as she is presently working SG Teacher. It is also stated that the case of the writ petitioner is considered as against the quota of direct recruits of 30% and that would not affect the promotion chances of feeder categories in the quota of 70% of the vacancies. As already noted, the writ petitioner made request to transfer her from the school at Ananthapur to the school at Kadapa under spouse case. Inasmuch as the transfer of the writ petitioner from one local cadre to another local cadre does not seriously affect the promotional chances of the applicant-1st respondent, as it is stated that she is at Sl.No.55, the Tribunal ought not to have set aside the transfer order of the writ petitioner, which was effected by following the due process of obtaining consent from both the units of the municipal corporations. 5. In the result, the writ petitions are allowed and the impugned order dated 9-4-2008 passed in OA No.3739 of 2005 is set aside. There shall be no orders as to costs. ________________________ Ghulam Mohammed, J ________________________ KG Shankar, J Dated: 28-2-2011 Note : cc in 3 days. (b/o) Nrg