IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 27562 of 2008 Between: A. Jagadish Kumar Gupta S/o. K.C. Subbaiah, Hindu Primary Health Centre, Pagidyala R/o. Pagidyala (Village & Mandal) Kurnool District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep. by its Principal Secretary to Government, Health, Medical & Family Welfare Department, Secretariat, Hyderabad. 2 The Director of health A.P., Hyderabad. 3 The Director of Medical Education A.P., Hyderabad. 4 The Superintendent, Government General Hospital Kurnool. 5 The District Medical & Health Officer Kurnool District, Kurnool. .....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 call for the records relating the order dt. 3-11-2008 made in OA No. 3850/2008 of the A.P. Administrative Tribunal and set aside the same by declaring as illegal and contrary to law. In consequence thereof to set aside the Memo of the 1st respondent bearing Memo No. 7903/J1/2006-07 Health, Medical & Family Welfare (J-1) Department, dt. 21-9-2007 further direct the first respondents to consider the request of the petitioner for inter local transfer under Presidential Order of Spouse category by issuing a writ or order or direction more particularly in the nature of writ of Mandamus and to pass Counsel for the Petitioner:MR.V.V.NARASIMHA RAO Counsel for the Respondent No.: GP FOR MEDICAL HEALTH & FAMI.WELFARE ORDER: (Per Sri Justice GHULAM MOHAMMED) This Writ Petition has been filed in the nature of Mandamus to call for the records relating to the order dated 3.11.2008 made in O.A.No. 3850/2008 of the A.P. Administrative Tribunal and set aside the same as illegal and in consequence thereof, to set aside the Memo of the first respondent bearing Memo dated 21.9.2007 and further direct the first respondent to consider the request of the petitioner for inter local transfer under Presidential Order of Spouse category. O.A.No. 3850 of 2008 was filed under Section 19 of the Administrative Tribunals Act, 1985 to call for records and set aside the impugned proceedings dated 21.9.2007 and consequential impugned proceedings dated 26.11.2007 of the first and second respondents respectively, by virtue of which the request of the petitioner for transfer under the control of Director of Medical Education, A.P. Hyderabad of spouse cadre was rejected. The petitioner was working as Lab Technician Grade II in Primary Health Centre, Peapully, Kurnool District under the control of District Medical and Health Officer, Kurnool. His wife is working as Typist-cum- Clerk at Corporation Bank, Kurnool. Hence, he submitted a representation dated 4.7.2005 to the Director of Health, Hyderabad requesting to transfer him to a vacancy of Lab Technician Grade II existing in the Medical & Health Department. Kurnool i.e., in Regional Eye Hospital, Kurnool, Government General Hospital, Kurnool or Kurnool Medical College, Kurnool, by inter local cadre transfer under Para-5(2) (c) of the Presidential Order, on spouse ground. But his request was rejected by the Government in Memo dated 21.9.2007 on the ground that there were four in-service candidates, who were eligible for promotion and their promotional avenues would be hampered, if the case of the applicant is considered. The applicant assailed the impugned memo dated 21.9.2007, by contending that there are number of vacancies of Lab Technician Grade II under the control of Director of Medical Education, Hyderabad and on the other hand the Deputy Secretary to Government, Health Medical and Family Welfare Department, filed a counter affidavit contending that the Director of Medical Education, Hyderabad informed that there was no vacancy of Lab Technician Grade-II each at Government General Hospital, Kurnol, Regional Eye Hospital, Kurnool and two vacancies of Lab Technician Grade II in Kurnool Medical College, Kurnool and that any transfer from one local cadre to another local cadre would be detrimental to the promotional avenues of other units and as per the Government’s policy, inter local cadre transfers could be effected only when a clear vacancy exists and when chances of promotion of the individuals in the feeder local cadres would not be seriously affected. After considering the entire material on record, the Tribunal rightly held that the employee has no right to work at a particular place. It is the prerogative right of the employer to post the employee at the place where he feels it just and necessary and the Courts and Tribunals cannot interfere with that discretion of the employer, unless the orders of transfers are vitiated by mala fide intentions or against the statutory rules or provisions. Thus observing, the Tribunal dismissed the O.A. Aggrieved by the same, the present Writ Petition has been filed. The learned counsel appearing for the petitioner contended that the order passed by the Tribunal is bad and the petitioner is only seeking for justice and also a concession as provided under the Rules for inter local cadre transfer. He further contended that so many candidates with similar nature like the petitioner are considered by the Government and there is no ban on such transfers but total prohibition of inter local transfers in spite of Government issuing the G.Os for permitting such transfers and denying the petitioner’s case is nothing but violation of Articles 14 and 16 of the Constitution of India. On the other hand, the learned Government Pleader for Services-I submits that the order of the Tribunal is just and there are no reasons to interfere with the order passed by the Tribunal. We have perused the order impugned. The Tribunal after considering the entire material available on record and also after taking into consideration the decision of the Supreme Court reported in STATE OF U.P. VS. GOBARDAN LAL[1] and the decision in MOHD.MSOOD AHMED VS. STATE OF UP AND OTHERS[2] held that the employee has no right to work at a particular place and it is prerogative right of the employer to post the employee at the place, where he feels it just and necessary. The Courts and Tribunals cannot interfere with that discretion of the employer, unless the orders of transfers are vitiated by mala fide intentions or against the statutory rules or provisions. Hence, we are not inclined to interfere with the order passed by the Tribunal and the Writ Petition is liable to be dismissed. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. However, this order does not preclude the petitioner from making a representation as and when vacancy exists and the authority shall consider it in accordance with law and in accordance with the guidelines of the policy. _____________________________ GHULAM MOHAMMED, J ______________________________ B. SESHASAYANA REDDY, J Dt. 18.12.2008 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Government of Andhra Pradesh, Rep. by its Principal Secretary to Government, Health, Medical & Family Welfare Department, Secretariat, Hyderabad. 2 The Director of health A.P., Hyderabad. 3 The Director of Medical Education A.P., Hyderabad. 4 The Superintendent, Government General Hospital Kurnool. 5 The District Medical & Health Officer Kurnool District, Kurnool. 6. 2 CCs to G.P. for GP FOR MEDICAL HEALTH & FAMI.WELFARE OUT 7. 2 CD copies [1] 2004(3) SLR 239 [2] (2007) 8 SCC 150