HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE C.V.RAMULU Writ Petition No.17756 of 2008 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is ﬁled challenging the order dated 25-7-2008 in O.A.No.260 of 2006 and O.A.No.4109 of 2007 on the ﬁle of Andhra Pradesh Administrative Tribunal at Hyderabad. 2. The details relevant for deciding the writ petition are that the petitioner ﬁled the above O.As challenging the action of the ﬁrst respondent in repatriating him from the post of Municipal Coordinator to that of SGT to accommodate the sixth respondent herein. The case of the petitioner is that he was appointed as Municipal Coordinator for Bheemavaram Municipality to organise and motivate the Literacy Programme on full time basis and that he had joined the duty on 07-12- 2004. While so, the ﬁrst respondent issued proceedings vide Rc.No.424 dated 07-1-2006 through which, repatriation has been done, as stated above. The repatriation order was impugned in O.A.No.260 of 2006 wherein the Tribunal granted interim suspension of the proceedings dated 07-1-2006. Subsequently, the District Educational Oﬃcer, West Godavari district, issued proceedings dated 16-7-2007 cancelling the deputation of the petitioner as Municipal Coordinator, which was challenged by ﬁling O.A.No.4209 of 2007. The Tribunal after considering the rival contentions, dismissed OAs. Hence, this writ petition is filed by the applicant. 3. Heard learned counsel appearing on either side and perused the record. 4. Admittedly, the petitioner was appointed as Secondary Grade Teacher after due selection process and he had been deputed to work as Municipal Coordinator of Bhimavaram Municipality to organise and motivate the literacy programme. It is to be noted that the petitioner was appointed on transfer or deputed to work as Municipal Coordinator purely on administrative grounds from the post of SGT in which he was initially appointed. Thus, the petitioner seeks to continue in the department, which is not the parent department. The transfer/deputation of an employee is an incidence of service and an employee cannot be retained at the place of his choice when he is discharging the public functions. In order to meet the exigency, the administrative authority can transfer or depute an employee working under its control to any place of its choice and such employee will not have the fundamental right to be posted at a particular place. Furthermore, the repatriation is done on administrative grounds. In the circumstances, the impugned order does not call for interference in exercise of writ jurisdiction under Article 226 of the Constitution of India. 5. Accordingly, the writ petition is dismissed at the stage of admission. ___________________________ GHULAM MOHAMMED, J. ___________________ C.V.RAMULU, J. 14-08-2008 bsc IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 17756 of 2008 Between: P. Babji S/o. David O/o. Bheemavaram Municipality, West Godavari District. ..... PETITIONER AND 1 The Deputy Director of Adult Education & Secretary, PGAS, West Godavari District at Eluru. 2 The Commissioner, Bheemavaram Municipality, Bheemavaram, West Godavari District. 3 The District Educational Officer, West Godavari District at Eluru. 4 The District Collector, West Godavari District at Eluru. 5 The Mandal Educational Officer, Mandal Parishat, Bheemavaram, West Godavari District. 6 M.D.S. Prakash Roa S.G.T. SVM Primary School, Bheemavaram, West Godavari 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 to issue a writ, order or orders more particularly one in the nature of Writ of Mandamus declaring that the impugned Judgment dt. 25.07.2008 in O.A.No.260 of 2006 and O.A.No.4109 of 2007 and the procs., Rc.No.424 of 2000 dt. 07.01.2006 of the 1st respondent and Procs., Rc.No.44/A6/(A4)/2004, dt. 16.07.2004 of the 3rd respondent as illegal null and void and consequently set aside the same, by holding the action of the respondents in repatriating the applicant from the post of Municipal Coordinator to that of S.G.T., to accommodate the 6th respondent in violationof Memo No.435/B1/DAE/2005, dt. 23.08.2005 issued by the Director of Adult Education, A.P., Hyderabad is as illegal, arbitrary from discriminatory and subversive of Articles 14 and 16 of Constitution of India and pass such other order or orders Counsel for the Petitioner:MR.CH.JAGANNADHA RAO Counsel for the Respondent No.: GP FOR SERVICES I The Court made the following :