IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTEENTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE G. BIKSHAPATHY and THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 22533 of 2004 Between: Y. Subrahmanyeswara Rao, S/o Late Surya Rao, Government Junior College (Boys),Kovvur, West Godavari District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep. by its Principal Secretary, Higher Education ( IE.I) Department, Secretariat, Hyderabad. 2 The Director of Intermediate Education, Nampally, Hyderabad. 3 S.Koteswara Rao, Razole, East Godavari district, presently Residing at 3rd Lane, Shantinagar , Eluru, West Godavari 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 issue an order, direction especially one in the nature of Writ of Certiorari calling for records pertaining to O.A.No. 5030 of 2004 dated 15-5-2004 on the file of A.P. Administrative Tribunal and quash the same and further declare that G.O.Ms.No. 559 dated 28-8-2004 in so far as transferring the petitioner from the post of Principal, Government Junior College for Boys, Kovvur, West Godavari District is illegal and arbitrary in violation of article 14 and 16 of the Constitution of India and further declare that petitioner is entitled to continue as Principal, Government Junior College for Boys, Kovvur, West Godavari District. Counsel for the Petitioner: MR.A.K.JAYAPRAKASH RAO Counsel for the Respondent No.1 and 2: GP FOR SERVICES I The Court made the following : ORAL ORDER (Per Hon’ble Sri Justice G.Bikshapathy) 1. This writ petition is filed challenging the order passed by the A.P. Administrative Tribunal, Hyderabad in O.A.No.5030 of 2004, dated 15.9.2004. 2. The petitioner was transferred from Kovvur, West Godavari District to Maredumalli, East Godavari District as Principal of Government Junior College. The said transfer came to be challenged in O.A.No.5030 of 2004. The Tribunal, however, dismissed the O.A. by an order, dated 15.9.2004. Against the said order, the present writ petition has been filed. 3. The learned counsel for the petitioner submits that the petitioner is on the verge of retirement and there is hardly one year left and the 3rd respondent has not joined his duty and on the other hand, the 3rd respondent sought for transfer to some other place. Under those circumstances, the Tribunal has issued appropriate directions. 4. We have heard the learned Government Pleader also. We are not inclined to interfere with the order passed by the Tribunal. However, it is seen that the petitioner has already made a representation to the 2nd respondent on 10.9.2004 seeking retention at Kovvur itself. 5. Under those circumstances, we dispose of the writ petition with a direction that the authorities shall consider the representation, dated 10.9.2004 made by the petitioner and pass appropriate orders on or before 31.12.2004. 6. The writ petition is accordingly disposed of. No costs. ____________________ (G. BIKSHAPATHY, J.) 14th December, 2004. ___________________ (P.S. NARAYANA, J.) To 1 The Government of Andhra Pradesh, rep. by its Principal Secretary, Higher Education ( IE.I) Department, Secretariat, Hyderabad. 2 The Director of Intermediate Education, Nampally, Hyderabad. 3 Two C.Cs. to the Government Pleader for Services-I, High Court Buildings, Hyderabad 4Two C.D. copies Note: Furnish copy in two days (b/o) bcj