IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THIS THE 9th DAY OF DECEMBER, 2009 W.P.No.22719 of 2009 BETWEEN: K.Lakshmi Devi ….PETITIONER(S) and The Government of A.P. represented by its Principal Secretary, Backward Class Welfare Department, Secretariat, Hyderabad and others …RESPONDENT(S) THE HON’BLE SRI JUSTICE V.ESWARAIAH AND THE HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR W.P.No.22719 of 2009 ORDER:( Per HON’BLE SRI JUSTICE V.ESWARAIAH) In this writ petition, petitioner seeks to set aside the proceedings of the District Collector (BCW), Kurnool, vide Rc.No.C/194/2009 dated 14.07.2009 and direct the respondents to continue her as Hostel Welfare Officer at Government Girls Hostel (BC) Velugodu, Kurnool District. The case, in brief, is that the petitioner herein is applicant before the Andhra Pradesh Administrative Tribunal, Hyderabad, in O.A.No.9701 of 2009 wherein she questioned the proceedings of the District Collector (BCW), Kurnool, in Rc.No.C/194/2009, dated 14.07.2009, whereby she was transferred from the post of Hostel Welfare Officer, Government Girls Hostel (BC), Velgodu of Velgodu Mandal, and posted as Hostel Welfare Officer, Government Girls Hostel (BC), Nandikotkur. By the aforesaid order, one Smt V.Lillemma who was working as Hostel Welfare Officer, Government BC Girls Hostel, Nandikotkur was transferred and posted as Hostel Welfare Officer, Government BC Girls Hostel, Velgodu of Velgodu Mandal, in place of the petitioner herein. The said Smt. Lillemma was not made a party to the O.A. In the said O.A., it was the case of the petitioner that the place where she was transferred to work is 4 Kms away from Nandikotkur town and it is very difficult for her to walk from the main town. It is further stated that as per the orders of the Government in G.O.Ms.No.169 Finance (W&M) Department dated 17.06.2009, only 20% of the cadre strength should only be transferred. It is stated that the respondents have taken into consideration the total strength of the Hostel Welfare Officers (Male) and (Female) and effected the transfers, without taking into account the cadre of the Hostel Welfare Officer (Female) separately. It is further stated that Smt.M.Mahalakshmi Devi, Smt S.Nagalakshmi Devi and Smt. Nirmala Meri, who were working for more than 7 years in their respective places, have also not been transferred. The Tribunal considered the points whether the transfer order is bad in law and whether the posts of Hostel Welfare Officer (Male) and (Female) should be taken as a separate category for the purpose of 20% cadre strength for effecting the transfers. The Tribunal did not answer the said question, but stated that if the petitioner is aggrieved by not maintaining the separate cadre strength, the remedy is by way of an appeal but not the judicial review. It is further stated that the petitioner has not attributed any mala fides vis-à-vis her transfer. The contention of the petitioner vis-à-vis the other three females who were stated to have long standing service has not been dealt with. The learned counsel appearing for petitioner submits that as per the Andhra Pradesh Social Welfare Subordinate Service Rules under Class-A of Rule 2 category 3(a) deals with Warden Grade-I i.e. Males and category 3(b) deals with Matron Grade-I i.e. Females, and that they are commonly designated as Hostel Welfare officers (Male) and (Female). However, in the service rules the separate categorization continues. The learned counsel for petitioner, therefore, submits that treating the Hostel Welfare Officers (Female) separately the 20% eligible cadre strength for transfer has to be worked out and that the Tribunal has not gone into that aspect. The learned Government Pleader for respondents submits that no particulars relating to the other three females referred to above have been furnished and they were not made as parties. Further, the petitioner also not made Smt Lillemma who was transferred in place of the petitioner as a party to the said O.A. We are of the opinion that any interference of the transfer order, affects Smt Lillemma who was transferred in place of the petitioner and who was not made a party to either this writ petition or the O.A. In fact, Smt Lillemma is a proper and necessary party to these proceedings and, therefore, we set aside the order of the Tribunal and remit the O.A. to the Tribunal with a liberty to the petitioner to implead Smt Lillemma as a party to the proceedings and the Tribunal shall deal with the point viz., whether the said 20% cadre strength is to be considered separately for Hostel Welfare Officers (Male) and (Female). The writ petition is, accordingly, allowed setting aside the order of the Tribunal dated 12.10.2009 in O.A.No.9701 of 2009 and remit the same to the Tribunal, so as to enable the petitioner to implead Smt Lillemma as party to the proceedings. The Tribunal shall deal with all the contentions raised by the applicant and dispose of the case as expeditiously as possible at any rate within a period of four weeks after the applicant impleading Smt Lillemma as party to the O.A. There shall be no order as to costs. __________________ V.ESWARAIAH, J ____________________________ VILAS V.AFZULPURKAR, J 9th December 2009 CVRK