IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 15117 of 2009 Between: D.S Vinaya Kumar Reddy S/o D.V.Subba Reddy P.E.T(Teacher) In APSWRS/JC Bapatla Patel Nagar,Baptla Town Guntur District ..... PETITIONER AND 1 The State of A.P rep.by its Prl Secretary Social Welfare Dept Secretariat,Hyderabad 2 The Secretary A.P.Social Welfare Residential Educational Institutions Society Samkshama Bhavan Masabtank,Hderabad .....RESPONDENTS 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 issue a writ order or direction more particularly one in the nature of writ of writ of Mandamus declaring the against the action of the 2nd respondent in transferring the petitioner from APSWRS/JC Bapatla Guntur District to APSWRS/JC Ardhaveedu Prakasam District as illegal, arbitrary and against the principles of natural justice and violative of Article 14,16,19 and 21 of Constitution of India and consequently set aside the transfer order issued by the 2nd respondent vide R.C No CO.I/Z-III/4068/2009 dt 13-07-2009. Counsel for the Petitioner:MR.CHALLA.SRINIVASA REDDY Counsel for the Respondent No.: GP FOR SOCIAL WELFARE The Court at the stage of admission made the following O R D E R: This Writ Petition has been instituted by a Physical Education Teacher working in the Andhra Pradesh Social Welfare Residential School/Junior College, Bapatla, Guntur District, calling in question the validity of the order passed on 13th July 2009, whereby he has been transferred and posted to a corresponding institution at Ardhaveedu in Prakasam District. The essential portion of the impugned order, dated 13th July 2009 reads as under: “ Sri D.S. Vinay Kumar Reddy, APSWRS/JC, Bapatla, Guntur District is hereby transferred and posted to APSWRS/JC, Ardhaveedu, Prakasam District against Librarian vacancy.” Therefore, the writ petitioner contends that he is not competent to work as a Librarian he is only a Physical Education Teacher and he should not have been transferred and posted as a Librarian. The order, dated 13th July 2009 is not liable to be understood as transferring the writ petitioner to work as a Librarian. The writ petitioner is liable to function only as a Physical Education Teacher, but however, since there is a vacancy of Librarian at Ardhaveedu, the writ petitioner has been transferred and posted to the said institution. That is obviously for the purpose of enabling the Principal/Head of that institution to draw his salary and allowances against the sanctioned post of Librarian. Presently, the writ petitioner is working in a girls educational institution and since he is less than 50 years in age, he is required to be shifted out of such an institution. Therefore, the apprehension entertained by the writ petitioner that he will have to discharge the functions of a Librarian, which functions he cannot discharge, is completely misplaced. Subject to what has been pointed out supra, the writ petitioner will continue to function as a Physical Education Teacher, pursuant to the impugned order, at APSWRS/JC, Ardhaveedu, Prakasam District. With this, the Writ Petition stands dismissed. No costs. ---------------------------------- (NOOTY RAMAMOHANA RAO, J) 28th July 2009 ksld ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{BMR}