IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 11922 of 2009 Between: M.A. Majeed Khan S/o. M.M. Aziz Kahn R/o. H.No. 4-6-49, Panjasha Street, Adilabad. ..... PETITIONER AND The A.P. State Wakf Board, Rep. by its Chief Executive Officer, Haj House Complex, Public Gardens Road, Nampally, Hyderabad. .....RESPONDENT 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, order or direction, more particularly one in the nature of Writ of mandamus to declare the impugned Office Order of the respondent dt. 28-5-2009 vide F.No. E1/53/2009 as being illegal, arbitrary unjust and consequently set aside the same by directing the respondent herein to consider the case of the petitioner for transfer to Hyderabad and to grant such other relief or reliefs Counsel for the Petitioner:K.ARUNA Counsel for the Respondent No.: MR.M.A.K.MUKHEED The Court at the stage of admission made the following O R D E R: This Writ Petition has been filed questioning the orders passed by the Andhra Pradesh State Wakf Board on 28th May 2009, subjecting the writ petitioner to a transfer from Adilabad District to Nizamabad District. The case of the writ petitioner is that while he was working as a Lower Divisional Inspector Auditor of the Wakfs, Hyderabad, he has been transferred on 26th September 2006 to Adilabad and while he was working at Adilabad, he has suffered a set back in his health requiring medical attention on almost constant basis. That apart, for certain compelling reasons, his family has got to be maintained at Hyderabad and hence, he sought for transfer from Adilabad to Hyderabad. Conceding his request, as it is a genuine one, the Wakf Board appears to have passed orders on 21st November 2007, transferring and posting him in Hyderabad, replacing another individual, who was working at Hyderabad. That individual has approached this Court by instituting Writ Petition No. 25604 of 2007. Entertaining the said Writ Petition, this Court was pleased to pass an order on 30th November 2007 directing the respondents to maintain status quo with regard to the writ petitioner. The said Writ Petition is still pending. Efforts are made by the writ petitioner herein to secure vacation of the interim order passed in the said Writ Petition. As of now, the interim order is still subsisting. Therefore, what the writ petitioner herein submits is that during the pendency of the aforementioned Writ Petition, he could not have been subjected to a transfer to a third place namely Nizamabad. In the event of this Hon’ble Court passing any order in Writ Petition No. 25604 of 2007, clearing the decks for giving effect to the orders passed by the Wakf Board on 21st November 2007, the petitioner herein would become entitled to be posted at Hyderabad. In these set of circumstances, the better course that is liable to be adopted by the respondents is to maintain status quo even with regard to this writ petitioner, as, if any orders are passed in a short time from now in Writ Petition No. 25604 of 2007, it might even result in subjecting the writ petitioner to a shift back to Hyderabad. Therefore, it is for the Andhra Pradesh State Wakf Board to take all these factors into account and consideration and pass appropriate orders as to whether the writ petitioner should be allowed to continue at Adilabad only till such time Writ Petition No. 25604 of 2007 is decided or in the interests of the administration, it will still be appropriate to shift him to Nizamabad. Taking these factors into account, appropriate orders may be passed within one week from today, so that the writ petitioner will regulate his conduct accordingly. With this, Writ Petition No. 11922 of 2009 stands disposed of at the stage of admission. No costs. ---------------------------------- (NOOTY RAMAMOHANA RAO, J) 22nd June 2009 Note: Issue CC in two days. ksld ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{VSMI}