IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.3272 of 2008 Between: 1 The Commissioner & Director of School Education, Andhra Pradesh, Hyderabad. 2 The District Educational Officer, Medak District at Sangareddy. ..... PETITIONERS AND 1 D.Ramesh Rao S/o.Raghunatha Rao Working as HP-I, ZPHS, Sirisinagandla, Kondapak Mandal, Medak District. 2 R.Shiva Kumar S/o.R.Ganesh Sharma SA (Telugu),GHS, Dubbak, Medak 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 may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Certiorari calling for the records relating to and connected with the orders dated 5.10.2007 in O.A.No.5711 of 2007 on the ﬁle of the A.P. Administrative Tribunal, Hyderabad and to quash or set aside the same by holding as erroneous and contrary to law and erroneous and pass such other order or orders. Counsel for the Petitioner: GP FOR SERVICES I Counsel for the Respondents: MR.M.SURENDER RAO The Court made the following: THE HONOURABLE SRI JUSTICE GHULAM MOHAMMED AND THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.3272 OF 2008 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is ﬁled questioning the order dated 05.10.2007 passed in O.A.No.5711 of 2007 on the ﬁle of the Andhra Pradesh Administrative Tribunal, Hyderabad. 2. The aforesaid O.A. was ﬁled by the respondents herein, who are Hindi Pandit-I and School Assistant (Telugu) respectively, seeking to declare the action of the petitioners herein, the Commissioner & Director of School Education, A.P. and the District Educational Oﬃcer, Medak District respectively, in not posting them in Government Schools in pursuance of the Judgment of this Court in W.P.No.17548 of 2006, whereby Act 27 of 2005 was set aside, as illegal and arbitrary, and to further declare that they are entitled to be transferred from Zilla Parishad High Schools to Government High Schools in the existing vacancies. Since the issue involved in the said O.A. was covered by the order dated 21.06.2007, passed in O.A.No.2281 of 2007 and batch, the same was disposed of in terms of the said order dated 21.06.2007, whereunder the action of the respondents therein in not posting the applicants therein in Government Schools in pursuance of the Judgment of this Court in W.P.No.17548 of 2006 was held to be illegal and arbitrary. However, it was made clear that any action taken in furtherance of the said orders would be eventually subject to the outcome of the decision of the Supreme Court in the S.L.P. Accordingly, the same beneﬁt was ordered to be extended to the respondents herein. Aggrieved by the same, the present writ petition has been filed. 3. Heard the learned Government Pleader for Services –I and also the learned counsel for the respondents. 4. In view of the fact that the present O.A.No.5711 of 2007 was disposed of in the light of the orders, dated 21.06.2007, passed in O.A.No.2281 of 2007 and batch, we are of the considered opinion that no interference is required with the same under Article 226 of the Constitution of India. Accordingly, while upholding the impugned order, we make it clear that it is always open to the Government to transfer the teachers working in the Government Schools to any other Government School, if exigencies warrant. However, the applicants, respondents herein, shall not be transferred to Zilla Parishad High Schools. 5. Subject to the above observation, the writ petition is dismissed. No order as to costs. _______________________ JUSTICE GHULAM MOHAMMED _________________ JUSTICE C.V. RAMULU 8th July, 2008 IBL