IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 9150 of 2009 Between: A. Chandra Sekhara Reddy S/o. A. Raghu Rami Reddy Kurnool, Kurnool District. ..... PETITIONER AND 1 Government of Andhra Pradesh Reptd. by its Principal Secretary Department of Higher Education, Secretariat, Saifabad, Hyderabad. 2 The Commissioner of Intermediate Education Government of A.P. Nampally, Hyderabad. 3 E. Chennaiah Kurnool Town & Dist. 4 Smt. A. Asheervadamma W/o. R. Ramanjaneyulu Banaganapally.(Presently Working as Principal, Government Junior College, Orvakal, Kurnool District) .....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 or order or direction, more appropriately a writ of Certiorari calling for the records relating to the order dated 10-2-2009 passed by the Andhra Pradesh Administrative Tribunal in O.A.No. 7163 of 2007 and quash the same as illegal, arbitrary, null and void. Counsel for the Petitioner:MR.K.PHANI RAJU Counsel for Respondent Nos.1 to 3: GP FOR HIGHER EDUCATION. Counsel for Respondent No.4: MR. R. RAMANJANEYULU The Court made the following : ORDER: (Per GM, J) This writ petition is filed seeking a writ of certiorari calling for the records relating to the order dated 10.02.2009 passed in O.A.No.7163 of 2007 by the Andhra Pradesh Administrative Tribunal, Hyderabad and for quashing the same. 2. The petitioner, who is working as Principal, Government Junior College, Porumamilla, Kadapa, was transferred and posted to KVR Government Junior College (Girls), Kurnool. He is going to be retired on 30.04.2010 on attaining the age of superannuation. While so, the 4th respondent herein filed O.A.No.7163 of 2007 before the Tribunal initially with a prayer to set aside the transfer order dated 29.08.2007 of the third respondent herein and later, by way of amendment, she sought for additional prayer seeking to set aside the transfer order of the petitioner herein to KVR Government Junior College (Girls), Kurnool. In the said O.A., the Tribunal by its order, dated 10.02.2009, directed respondents 1 and 2 to consider her case for transfer as Principal, KVR Government Junior College (Girls), Kurnool, to which place, the petitioner was transferred. Questioning the said order, the petitioner filed the present writ petition. 3. Learned counsel for the petitioner contended that the Tribunal has passed the impugned order without hearing the petitioner. He submits that the petitioner is in the verge of retirement. He further contended that in view of paragraph 9 of Annexure-I to G.O.Ms.No.767 dated 24.05.1995, the direction issued by the Tribunal to respondents 1 and 2 to consider the case of the 4th respondent to his place cannot be sustained. The said paragraph reads as under: “Persons due to retire in two years time should not be disturbed, and on priority basis, they should be accommodated in places of their choice, especially, if they have worked in ‘B’ category Degree Colleges or ‘B’ & ‘C’ categories of Junior Colleges for more than 10 years during their services.” 4. On the other hand, the learned counsel for the respondents submitted that the Tribunal has passed the impugned order directing respondents 1 and 2 to consider the case of the 4th respondent as per G.O.Ms.No.29, dated 29.03.2004, and therefore, it needs no interference by this Court. He further submitted that since the 4th respondent is a female candidate, Rule 18(d) of the Rules applies to her and the same reads as under: “The women Principals should be considered for posting only in Girls Junior Colleges, if such vacancy exists at that moment.” 5. We have considered the matter. Admittedly, the 4th respondent herein, who was working as Principal, Government Junior College, Banaganapalle of Kurnool District, made several representations to respondents 1 and 2 to transfer her to Kurnool, since she is suffering from various ailments and has family problems, but they did not consider her case on the ground that she did not complete three years of service. The Tribunal following G.O.Ms.No.29 dated 29.03.2004 and also the decision of the Apex Court, held that the action of respondents 1 and 2 in posting the petitioner herein as Principal, Government Junior College for Girls, Kurnool, is contrary to the Rules and accordingly, allowed the O.A. Therefore, we are of the view that there is no illegality or irregularity in the impugned order warranting interference by this Court. It does not preclude the petitioner from making a representation to respondents 1 and 2 seeking to transfer him to Government Junior College, Orvakal, Kurnool District and respondents 1 and 2 to consider the same and pass appropriate orders taking into account the fact that he is going to be retired on 30.04.2010. With the above observations, the Writ Petition is dismissed. No costs. ______________________ GHULAM MOHAMMED, J ________________________ B.SESHASAYANA REDDY, J Date:30.04.2009 sj