Telangana High Court

WP/29013/2008 of A.V. Sudhakar Vs The State of Andhra Pradesh, Rep. by its Secretary, on 31 December 2008

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COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 29013 of 2008 Between: A.V. Sudhakar S/o. A . Srinivasa Murthy Government Junior

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)

WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND EIGHT

PRESENTTHE HON'BLE MR JUSTICE N.V. RAMANAWRIT PETITION NO : 29013 of 2008

Between:

A.V. Sudhakar S/o. A. Srinivasa Murthy

Government Junior College (G), Jammalamadugu Kadapa District.

..... PETITIONER

AND

1 The State of Andhra Pradesh, Rep. by its Secretary, Higher EducationDepartment, Secretariat Buildings, Secretariat, Hyderabad.

2 The Commissioner of Intermediate Education Nampally, Hyderabad.

3 The Regional Joint Director Intermediate Education, Kadapa.

.....RESPONDENT(S)

Petition under Article 226 of the constitution of India praying that inthe circumstances stated in the Affidavit filed herein the High Court will bepleased to issue an appropriate writ order or direction more particularlyone in the nature of writ of Mandamus declaring the proceedings in RCNo. Admn. IA-1/RDK/2008 Director, Intermediate Education, AndhraPradesh, Hyderabad dt. 26-12-2008 issued by the 2nd respondent hereinis arbitrary, illegal, apart from violation of fundamental rights guaranteedunder the Constitution of India and consequently set aside.

Counsel for the Petitioner:MR.K.VENUGOPAL REDDY

Counsel for the Respondent No.: GP FOR EDUCATION

The Court made the following :

Form-NIC-OGS/WP{VSMI}

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O R D E R:-

This writ petition is filed seeking a mandamus to declare the actionof the proceedings dated 26.12.2008 issued by the 2[nd] respondent-Commissioner of Intermediate Education, as arbitrary and illegal.

The petitioner asserts that he was appointed as a Lecturer inPhysics in G.N.R.M. Junior College, Chennur, Kadapa District, which is aprivate Aided College and later deployed to On Duty Basis to GovernmentJunior College (G) Jammalamadugu, Kadapa District in the year 2005. Now, the grievance of the petitioner is that based on a letter dated8.12.2008 addressed by the 3[rd] respondent-Regional Joint Director to the2[nd] respondent, the petitioner was transferred to G.V.N.P.S.R. JuniorCollege (Aided), Veerapanainipalli without assigning any reasonwhatsoever affecting education of his children, who are studying 7[th] classand Intermediate.

Heard the learned counsel for the petitioner and the learnedGovernment Pleader for Education.

Transfer is an incidence of service and is made on administrativegrounds. This Court normally does not interfere in matters of transferunless it is shown that the transfer order is fraught with mala fides and hasbeen made for extraneous reasons. However, having regard to theproblems faced by the petitioner with regard to the education of hischildren and his wife, who is working as a teacher near Proddutur, I deemit appropriate to dispose of the writ petition with the following directions:

“The petitioner is directed to make appropriate representationseeking his retention at Jammalamadugu, Kadapa District to the 3[rd] respondent, and if any such representation is made, the 3[rd] respondent shall consider the same and pass appropriateorders thereon in accordance with law.”

Accordingly, the writ petition is disposed of. No costs.

______________

N.V.RAMANA, J

31[st] December, 2008

bcj

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