IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 14076 of 2008 Between: K.Kamaiah S/o.Vasudev AP Social Welfare Residential School/Junior cillege (APSWRS/JC), Tallapalem Kasim Kota Mandal, Visakhapatnam District ..... PETITIONER AND 1 The Government of Andhra Pradesh, Social Welfare Department, Secretariat Buildings, Hyderabad rep.by its Principal Secretary 2 The Secretary AP Social Welfare Residential Educational Instituitons Society, Masab Tank,Hyderabad 3 The PrincipalAP Social Welfare Residential Schools Junior College, Tallapalem Kasim Kota Mandal Visakhapatnam District 4 N.Uzwala Kumari D/o.Not known to the petitoner AP Social Welfare Residential School Golukonda,Visakhapatnam 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 of mandamus or any other appropriate writ or direction declaring the orders of the 2nd respondent passed in RC.No.CO.I/Z-I/9608/2008 dated 9.6.2008 transferrign the petitioner from APSWR School/Junior college, toTallapalem, Visakhapatnam District to APSWR School/Junior college Golukonda,Visakhapatnam District as illegal, arbitrary, and contrary to theG.O.Rt.No.371 dated 25.5.2008 and the guidelines framed there under andconsequently direct the respondents to continue thepetitioner asJunior lecture in English in Tallapalem Visakhapatnam District and pass Counsel for the Petitioner:MR.K.BHEEMA RAO Counsel for the Respondent No.: MR.K.DURGA PRASAD The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 14076 of 2008 ORDER: The petitioner is employed as a Junior Lecturer in English in the A.P. Social Welfare Residential Educational Institutions Society (for short ‘the Society’). Till the year 2007, he was working at a Residential Junior College, Nellimerla, Vijayanagaram District. His wife is working as a Teacher at Visakhapatnam in an institution being run by the Andhra University. At the request made by the petitioner, the 2nd respondent transferred him to an institution at Tallapalem, Visakhapatnam District, vide orders dated 31.05.2007. In the month of June 2008, the respondents have undertaken general transfers. Through order, dated 09.06.2008, the 2nd respondent transferred the petitioner to an institution at Golugonda, Visakhapatnam. The same is challenged in this writ petition. Heard Sri K.Bheema Rao, learned counsel for the petitioner and Sri K. Durga Prasad, learned Standing Counsel for respondents 2 and 3. The Society had framed guidelines for effecting transfers. One of the guidelines is that no employee shall be transferred within two years from the date of his assuming charge at a station. If the same is applied, the transfer of the petitioner becomes contrary to law. However, there is another norm, which is to the effect that no male teacher, who is below the age of 50 years, shall be posted or continued in an institution, which is exclusively for girls. Admittedly, the Junior College at Tallapalem is exclusively for girls. Therefore, it became necessary for the 2nd respondent to shift the petitioner. Though the petitioner had opted for retention and two other places, the respondents could not accommodate his request and ultimately, he was transferred to the institution at Golugonda. The mere fact, that the said place is about 12 kilometers away from Visakhapatnam, by itself does not constitute any ground to interfere with the impugned order of transfer. The Writ Petition is accordingly dismissed. It is, however, directed that in case, any vacancy of Junior Lecturer in English arises in any institution of the Society, nearer to Visakhapatnam, the case of the petitioner shall be considered. There shall be no order as to costs. _________ 04.07.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 14076 of 2008 Date: 04.07.2008 JSU