Appadi Venkateswarlu S/O A. Subba Rao, v. State Of Andhra Pradesh, Represented By Its

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON'BLE SRI JUSTICE S.V. BHATT W.P.No.25792 OF 2015 PC: (Per the Hon'ble Sri Justice S.V.Bhatt) The petitioners, who are studying in the 4th respondent College, have filed the present writ petition assailing G.O.Rt.No.389 School Education (IE) Department dated 08.08.2015 and the consequential Memo No. Ser.II-2/5028/2015 dated 08.08.2015 issued by the 1st and 2nd respondents respectively, as illegal and unconstitutional. At the outset, we are constrained to observe that the petitioners do neither have locus nor can complain against GO.Rt.No.389 dated 08.08.2015 and the consequential memo in any manner. GO.Rt.No.389 dated 08.08.2015 deals with transfer guidelines for General Transfers, 2015 for the employees working in the Department of Intermediate Education.

One of the objections raised by the petitioners is that the transfers ought not to have been undertaken in the middle of the academic year and on account of such transfers of Lecturers from one college to another, there is possibility of not posing Lecturers in the college where petitioners are working and by way of transfer, the department is taking away competent Lecturers from the college of 4th respondent.

The two fold objections raised by the petitioners are noted only to be rejected. The Government, upon consideration of all relevant facts and circumstances necessitating for effecting transfer of employees, issued GO.Rt.No.389 dated 08.08.2015 broadly providing transfer guidelines for transfer of employees in the department of intermediate education.

The Lecturers who are working in the department of intermediate education, if have any grievance could have come forward to challenge the impugned orders. The petitioners do not have locus to challenge GO.Rt.No.389 dated 08.08.2015.

For this reason, the

challenge to GO.Rt.No.389 dated 08.08.2015 is rejected. The alternative contention is that the petitioners would be deprived of Lecturers if transfers are effected and the existing teaching staff is transferred without proper posting in their place. On 24.08.2015, at the request of learned Government Pleader, the writ petition was adjourned to this day to enable him to get instructions and place material, if any, on record. The learned Government Pleader places on record the instructions received from the Commissioner, Intermediate Education dated 26.08.2015 whereunder the proceedings of the Regional Joint Director dated 26.08.2015 are referred to. The relevant portion in the letter dated 26.08.2015 of the Regional Joint Director reads as follows: "I submit that during the General Transfers, 2015 i.e., on 16.08.2015, the following Junior Lecturers of the College are transferred and other Junior Lecturers are joined in this college.

Sl.

Name of the Junior Lecturer Name of the Junior Lecturer transferred from other college to this college & CF working transferred to other college No.

Sri C.Kasaiah, CF in chemistry transferred from GJC, Chimakurthy, Prakasam District.

1.

Sri Y.David, JL in Chemistry (Request Transfer) to GJC, Addanki, Prakasam Dt.

Smt.R.Padmaja, JL in Zoology, transferred from GJC, Kondepi, Prakasam District 2.

Smt.R.Lavanya Latha, JL in Zoology, (Liable Transferred to GJC, Tangutur, Prakasam District Sri R.Ch.Madhava Rao, CF in English transferred from GJC, Penumaka, Guntur District 3.

Smt.M.Sowjanya, JL in English transferred to GJC, Tangutur, Prakasam District (Request Transfer) 4.

Sri K.Viswanadh Babu, JL in English transferred to GJC, Addanki, Prakasam District (Request Transfer) VACANT Smt.G.Madhavi, Librarian from GJC, Kondepi, Prakasam District.

5.

Before transfers Librarian Post was vacant Smt.G.Krishna Kumari, JL in OA (T&SH) from GJC, PV Palem, Guntur District.

6.

Before transfers JL in OA(T &SH) vocational post was vacant HEIR FACULTY Name of the JL Purpose 1.

Sri T.Subba Rao, JL in Maths Retired Lecturer in Govt.Degree College (W), Ongole, Prakasam Dt.

2.

Sri M.Jala Ramaiah, JL in Economics Retired Lecturer in Govt.Degree College (W), Ongole, Prakasam Dt.

3.

Sri M.Venkateswara Rao, JL in Botnay Retired Lecturer in CSR Degree College, Ongole (aided), Prakasam Dt.

From the above, it is clear that the Lecturers who have been transferred from the 4th respondent College have no grievance against transfers and secondly in the place of transferred Lecturers, suitable arrangements have been made by the respondents. The writ prayers are thoroughly misconceived and accordingly deserve to be rejected.

Writ petition is dismissed.

Consequently, miscellaneous petitions, if any pending, also stand disposed of.

_____________________ DILIP B. BHOSALE, ACJ ___________________ S.V.BHATT, J Date: 07.09.2015 Lrkm