IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FIRDAY, THE THIRTY DAY OF APRIL TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE G.BHAVANI PRASAD WRIT PETITION NO : 10711 of 2010 Between: B.Prabhakar Reddy, S/o.B. Neelakanta Reddy ..... PETITIONER AND 1 State of Andhra Pradesh rep.by its Principal Secretary to Government, Panchayat Raj and Rural Development Department, Secretariat Buildings, Hyderabad & Others .....RESPONDENT(S) The Court made the following : ORDER THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE G.BHAVANI PRASAD WRIT PETITION No.10711 of 2010 ORDER : ( per Hon’ble Sri Justice Ghulam Mohammed ) This writ petition is filed against order dated 27-4-2010 passed in OA No.823 of 2010 by the Andhra Pradesh Administrative Tribunal, Hyderabad. 2. The petitioner is the applicant in the OA and he assailed the proceedings No.D(6)/551/Transfers&Postings/DEEs/2010, dated 5-2- 2010 transferring the 5th respondent and posting him in his place of working i.e. PIU Sub-Division, Mahaboobnagar, and the petitioner was transferred and asked to report before the Superintending Engineer, Mahaboobnagar. 3. Heard the learned counsel for the petitioner and the learned Government Pleader for Services-II. Perused the impugned order passed by the Tribunal. 4. The Tribunal by the impugned order dismissed the OA having found that the petitioner was posted in his present place of posting conditionally for a period of one year that too on his request. The Tribunal at para 16 of the order has given cogent and convincing reasons for not interfering with the order of transfer of the 5th respondent, which is thus:- “16. It is settled proposition of Law that a citizen can take re-course to judicial remedy when there exists a right. As held supra, transfer is an incident of service and no Government servant has got any right to get posted to a particular place of posting. Transfers and postings of the Government servants are done in the exigencies of service. Once a Government servant accepts service, it is his duty to render service wherever he is posted in the interest of administration. Basically, the orders of transfer are not justiciable. The applicant’s posting at Mahaboobnagar was a conditional posting for a period of one year that too on the basis of an executive instruction that the office bearers of the service association should not be disturbed. The said plea is not available to the applicant as he no more a General Secretary of the service association. Further, the condition laid down in the order of posting him to Mahaboobnagar is already worked out. Therefore, the contention of the learned counsel for the 5th respondent that there must be an existence of right for seeking judicial remedy is well taken.” 5. When once the petitioner was posted at the present place, at his request for a limited period of one year, as he being an office bearer of the service association, he cannot seek for retention at the same place, in the absence of any enforceable right. In the circumstances, the writ petition fails and it is accordingly dismissed, at the admission stage itself. ______________________ Ghulam Mohammed, J ____________________ G. Bhavani Prasad, J Dated: 30th April, 2010 Nrg.