IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD FRIDAY, THE FIRST DAY OF JULY TWO THOUSAND AND ELEVEN PRESENT THE HON’BLE MR. JUSTICE GHULAM MOHAMMED AND THE HON’BLE MR. JUSTICE K.G. SHANKAR WRIT PETITON No. 18177 OF 2011 Between: B. Srinivas … Petitioner V/s. The Government of Andhra Pradesh Represented by its Special Chief Secretary, Finance (DCM-II) Department, AP Secretariat, Hyderabad & 5-Ors. … Respondents Counsel for the Petitioner : M/s. K. Ram Reddy Counsel for the Respondents : GP for Services-I Sri K.Ramasubba Rao for R5 The court made the following: (order follows next page) THE HON’BLE MR. JUSTICE GHULAM MOHAMMED AND THE HON’BLE MR. JUSTICE K.G. SHANKAR WRIT PETITON No. 18177 OF 2011 O R D E R : { Per the Hon’ble Mr.Justice Ghulam Mohammed) This writ petition is filed seeking a writ of Certiorari, calling for the records relating to issuance of order dated 28-06-2011 passed in OA.No.4968 of 2011 by the A.P. Administrative Tribunal duly declaring the same as illegal, arbitrary and the one passed without appreciating the issue involved in proper perspective in a unilateral manner and further being contrary to the statutory rules issued in GO.Ms.No. 130, dated 02-06-2000 and to set aside the same and to grant such other suitable relief as this Court may deem fit and proper in the circumstances of the case. 2. The facts involved in the present writ petition read as hereunder: a) pursuant to the orders issued by the first respondent in GO.Ms.No. 93, dated 14-05-2011, the third respondent- authority conducted transfer counselling for the Officers working in the cadre of Mandal Agriculture Officers in respect of Zone-V and proceedings were issued accordingly vide No. A II (1) 560/2011, dated 15-06- 2011. b) As per the Annexure appended to the same, the name of the petitioner figures at Sl.No. 34 whereas the name of the fifth respondent figures at Sl.No. 33 showing their respective place of work and the places of their transfer. c) The competent authority i.e., the fourth respondent prepared list of officers in the District where he is working and sent the list of Officers in Annexure-I proforma prescribed indicating inter alia the places to which transfer requested and recommendation for posting. d) The petitioner opted for his posting in order of preference viz./, (1) AO (U), Karimnagar (2) AO (Tech) Office of JDA Karimnagar (3) MAO, Sultanabad. e) The fifth respondent similarly has made his request for posting in order of preference viz., (1) AO (U), Karimnagar (2) MAO, Choppadandi (3) MAO, Ramadugu. f) The State Level Committee headed by the third respondent having examined the issue in proper perspective in terms of statutory rules issued in GO.Ms.No. 130, dated 02-06-2000 had rightly passed the orders impugned in the OA considering and posting the fifth respondent at one of the places requested by him. g) The said authority also considered the case of the petitioner and posted him to one of the places requested by him. 3. It is stated that assailing his transfer and posting, the fifth respondent approached the A.P. Administrative Tribunal raising the ground that he is senior most, elected representative of the recognized Association and to look after his parents. 4. As per the schedule of transfers as indicated in GO.Ms.No.93, dated 14-05-2011 and further the transfer orders issued by the third respondent, the said orders of transfer are required to be implemented and a compliance report to be submitted by 22-06- 2011. As such, the fourth respondent, who is duty bound to issue relieving orders to the petitioner did not relieve the petitioner till 27- 06-2011 for extraneous consideration only to help the fifth respondent in a surreptious manner. 5. It is stated that the statutory orders issued in GO.Ms.No. 130, dated 02-06-2000 by the second respondent specifically prescribes an appeal against transfer orders by the aggrieved persons under Rule 3 of the Rules. The relevant Rule in the instant case is sub-rule 3 of Rule 3, which read as hereunder: “The appeal against any order of State Level Committee shall lie with Principal Secretary/Secretary to Government, Agriculture and Co-operation Department within 10 days from the date of receipt of such order. All such appeals may be disposed of within (30) days from the date of appeal.” 6. It is stated that the said statutory provision is clear and unambiguous that the fifth respondent is obligated to file an appeal against his transfer to the Appellate Authority. Instead, he prefers to approach the Tribunal and in that view of the matter the OA filed by him is prima facie premature and not maintainable under law. On this ground alone, the OA filed by him ought to have been dismissed by the Tribunal. 7. It is further stated that the Tribunal had taken erroneous view and passed the impugned orders at the admission stage, which in fact is violative of the statutory rules in force. On this ground alone the orders passed by the Tribunal are liable to be set aside. 8. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Services-I and Sri K. Rama Subba Rao for Respondent No.5. 9. While admitting the O.A. the Tribunal issued notice to the respondents therein returnable in four weeks. Pending disposal of the O.A., the Tribunal passed interim suspension of the impugned proceedings issued in Memo.No. A.II (1)560/2011, dated 15-6-2011 and directed the respondents therein to post the fifth respondent herein as Agricultural Officer, (Urban), Karimnagar. We are not inclined to issue writ of Certiorari inasmuch as the matter is seized by the Tribunal and the O.A. is pending adjudication. In the circumstances, we deem it appropriate to direct the A.P. Administrative Tribunal to dispose of the main O.A., within a period of two weeks from the date of receipt of a copy of this order. 10. With the above direction, the writ petition is disposed of at the admission stage. In the circumstances, there shall be no order as to costs. ______________________________ JUSTICE GHULAM MOHAMMED _______________________ JUSTICE K.G. SHANKAR 01-07-2011 I s L THE HONOURABLE MR.JUSTICE GHULAM MOHAMMED AND THE HONOURABLE MR. JUSTICE K.G. SHANKAR WRIT PETITION No. 18177 OF 2011 ORDER : Per the Hon’ble Mr.Justice Ghulam Mohammed Circulation No. Date: 01-07-2011 Court Master: I s L Computer No. 43