IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 14492 of 2008 Between: T.Madhava Rao S/o.Papayya R/o.Palasa, Srikakulam District. ..... PETITIONER AND 1 The Regional Joint Director of Intermediate Education, Rajahmundry, East Godavari District. 2 The Principal, Government Junior College, Palasa, Srikakulam District. 3 The Director of Intermediate Education, Andhra Pradesh, Hyderabad. .....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 an appropriate writ or order or direction more particularly one in the nature of Writ of Certiorari to call for the records relating to and connected with orders in O.A.No.4462 of 2008 dated 30.6.2008 passed by the A.P. Administrative Tribunal, Hyderabad and consequently set aside the order of transfer dated 13.6.2008 and pass such other or further order or orders. Counsel for the Petitioner: MR.A.VENKATARAMANA Counsel for the Respondent No.: GP FOR SERVICES II The Court made the following ORDER: THE HON’BLE SRI JUSTICE GHULAM MOHAMMED & THE HON’BLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.14492 OF 2008 ORDER: ( per Hon’ble Sri Justice Ghulam Mohammed ) This writ petition is filed against the order dated 30-6-2008 passed in OA No.4462 of 2008 by the AP Administrative Tribunal, Hyderabad. The applicant in the said OA is the petitioner herein. 2 . Heard the learned counsel for the petitioner and the learned Government Pleader for Services-II. Perused the impugned order. 3. Facts stated are: The petitioner filed the OA challenging the proceedings dated 13-6-2008 passed by the 3rd respondent- Director of Intermediate Education, whereby the transfer order of the petitioner to Government Junior College, Palasa, Srikakulam District, was cancelled and was posted as Junior Lecturer in Government Junior College, Kotauratla. The Tribunal after considering the rival contentions raised by the parties, dismissed the said OA following the judgment of the Apex Court in MD. MASOOD AHMED v. STATE OF UP1 wherein it was observed that the transfer order can be interfered with only when the said order is vitiated by malafide intention or violative of statutory provisions governing the field. 4. Admittedly, no malafide action was neither alleged nor proved and the Head of the department reviewed the earlier order of transfer of the petitioner, which was said to be against the guidelines and noticing the mistake, transferred and posted the petitioner as Junior Lecturer in Government Junior College, Kotauratla. 5. In this view of the matter, we do not find any merit in this writ petition and it is accordingly dismissed. However, it is stated by the learned counsel for the petitioner that the petitioner has made a detailed representation to the 1st respondent ventilating his grievance, and in the circumstances of the case, the 1st respondent is directed to consider the same and pass appropriate orders thereon within a period of four weeks from the date of receipt of a copy of this order. No costs. ______________________ Ghulam Mohammed, J ______________________ C.V. Ramulu, J Dated: 7th July, 2008 Nrg. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KURR}