THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.1135 of 2008 Dated: 25-01-2008 Between : V.A.K. Sarma … Petitioner/s And Government of Andhra Pradesh, Rep.by the Director of School Education, Hyderabad and another. …Respondent/s THE HON’BLE SRI JUSTICE D.S.R. VARMA AND THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.1135 of 2008 ORAL ORDER: (per the HON’BLE SRI JUSTICE D.S.R.VARMA) Heard the learned counsel appearing for the petitioner as well as the learned Government Pleader for Education, appearing for the respondents. 2. This Writ of Certiorari is filed seeking to quash the order, dated 31.08.2007, passed by the Andhra Pradesh Administrative Tribunal, Hyderabad (for brevity ‘the Tribunal’), dismissing the application O.A.No.5088 of 2006, filed under Section 19 of the Administrative Tribunals Act, 1985, seeking to set aside the proceedings Rc.No.11/A6/2006, dated 19.04.2006, rejecting the request of the petitioner to transfer him as School Assistant (Maths) to Zilla Parishad High School, A.P.S.P. Quarters, Kakinada. 3. Petitioner is the applicant and the respondents are the respondents, in the O.A., before the Tribunal. 4. It is the case of the petitioner that he was appointed as School Assistant and worked at Z.P. High School, Raibhupala Patnam, Peddapuram Mandal, from 20.12.2001 to 07.11.2005. After completion of four years of service, he applied for transfer under spouse quota to Zilla Parishad High School, A.P.S.P. Quarters at Kakinada (Rural) on the ground that his wife was working in Zilla Parishad High School, Vakalapudi, Kakinada Rural Mandal, which is at a distance of 5 kilometers away from the Zilla Parishad High School, A.P.S.P. Quarters, Kakinada, to which the petitioner opted for. But, without considering his request for transfer under spouse quota, he was transferred to Zilla Parishad High School, Karapa. Aggrieved by the same, the petitioner had filed O.A.No.8834 of 2005 and the Tribunal granted interim order directing the respondents therein to consider the case of the petitioner for transfer. Since the said interim order was not implemented, contempt application C.A.No.318 of 2006 was filed and the District Educational Officer, respondent No.2, issued proceedings in Rc.No.11/A6/2006, dated 19.04.2006, rejecting the request of the petitioner. Aggrieved by the same, the petitioner had filed O.A.No.5088 of 2006, seeking to quash the said proceedings, dated 19.04.2006, and to consider his case for transfer to Zilla Parishad High School, A.P.S.P. Quarters, Kakinada. 5. The Tribunal, having considered the entire material, available on record, dismissed the said O.A. Aggrieved by the same, the petitioner has filed the present writ petition. 6. On verification of the factual aspects, it was found by the Tribunal that the wife of the petitioner was working at Zilla Parishad High School, Vakalapudi, which is at a distance of 9 kilometers away from Kakinada and the petitioner was actually posted to Zilla Parishad High School, Karapa, which is 10 kilometers away from Kakinada. Both the husband and wife are living together at Kakinada. Therefore, it was pointed out by the Tribunal that in view of the distance from their place of living i.e., at Kakinada, neither the petitioner nor his wife are put to any inconvenience and because of the transfer of the petitioner, particularly in the light of the present factual background, the object of keeping the husband and wife at one place was almost achieved and there is no deviation of the rules and that no prejudice is also caused to the petitioner. 7. Further, the Tribunal placed reliance on a judgment of the apex Court in STATE OF U.P. AND OTHERS vs. GOBARDHAN LAL[1] wherein it was held that the employer has a right to transfer his employee and the Courts or the Tribunals cannot interfere with the orders of transfer unless they violate the statutory provisions or service rules or vitiated by mala fide intentions. The apex Court further observed that the guidelines do not create any vested right and the remedy is only by way of approaching the higher authorities as and when there is violation of the guidelines. 8. None of the above said three grounds are present in the case on hand to interfere with the order of transfer of the petitioner. 9. Therefore, having regard to the above facts and circumstances, which have been noticed and put on record by the Tribunal, we have absolutely no hesitation to hold that there is no illegality or impropriety or irrationality in the order passed by the Tribunal. 10. However, as regards the contention of the learned counsel appearing for the petitioner that except the above, on all other aspects, the Tribunal made observations in favour of the petitioner and against the respondents is concerned, it is to be seen that certain observations, no doubt, have been made by the Tribunal about the attitude of non-cooperation by the official respondents. However, the Tribunal held that notwithstanding the attitude of the official respondents, the impugned order of transfer cannot be held to be vitiated. Therefore, the observations made against the respondents are only incidental to the facts and circumstances of the case, but, certainly, not capable of setting aside the order of transfer passed against the petitioner. 11. For the foregoing, there are no merits in the writ petition and the same is liable to be dismissed. 12. In the result, the writ petition is dismissed, at the stage of admission. However, there shall be no order as to costs. _______________________ JUSTICE D.S.R.VARMA _______________________ JUSTICE K.C.BHANU 25TH JANUARY 2008 MSR THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.1135 of 2008 25-01-2008 (Msr) [1] 2004 (3) SLR 239