JUDGEMENT
GHULAM MOHAMMED, J. -
(1.)CHALLENGING the order dated 9.12.2010 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad in OA No.6848 of 2010, the present writ petition is filed.
(2.)PETITIONER herein is the 4th respondent in OA. OA No.6848 of 2010 was filed by the first respondent herein under Section 19 of the Administrative Tribunal Act, 1985 seeking to set aside the impugned proceedings dated 1.10.2010 of the first respondent-Deputy Inspector General, Registration and Stamps, which is contrary to G.O. Ms. No. 143 Finance Department dated 21.6.2007 and G.O. Ms. No.196 Finance Department dated 22.7.2009 and Memo dated 23.4.2010. That OA was allowed and the impugned order dated 1.10.2010 transferring the applicant as Joint Sub-Registrar-II, R.O., Kurnool and posting the 4threspondent therein in his place is set aside. The relevant portion reads as under: "Therefore, the OA is allowed. The impugned order vide proceedings proceeding No.A/181/2010, dated 1.10.2010 transferring the applicant as Joint Sub-Registrar-II, R.O., Kurnool, and posting the 4th respondent in his place is set aside. The applicant shall be continued at Nandyal till orders are passed in accordance with the Government Policy. If the applicant and the 4th respondent already joined the new stations, they shall be reposted to the original posts. It is for the respondents to post the 4th respondent at the place where the department feels appropriate, according to the guidelines."
Aggrieved by the same, the present writ petition is filed.
The learned Counsel appearing for the petitioner Mr. C.V. Rajeeva Reddy vehemently contended that posting of an employee is the prerogative of the Government and the employee cannot claim as a matter of right to be posted at one place since in the counter it was mentioned that the petitioner was appointed as Junior Assistant in R.O. Kurnool and as such he is capable of managing the Registrar Office, Kurnool efficiently and effectively and cater to the needs of the registering public and in view of the long service rendered in R.O. Kurnool, the applicant was transferred and posted as Joint Sub-Registrar-II, R.O., Kurnool. It does not mean that the applicant was transferred with mala fide intention and as a vindictive measure to accommodate the petitioner herein who was on leave for more than three months. He also contended that the Government as a matter of policy taken a decision but on the intervention of the Member of Legislative Assembly, the petitioner herein has been posted to Nandyal from Kadapa whereas the applicant before the Tribunal was posted from Nandyal to Kumool thus the order of transfer was challenged on the ground that he has not completed the required period of service. He also brought to our notice the proceedings dated 24.4.2010 of the Deputy Inspector General of Registration and Stamps, Kurnool Range, Kurnool, wherein it is observed as under:
"Sri S. Samba Siva Reddy, Sub Registrar, Grade-II, Sub Registrar's Office, Badvel, Proddatur Registration District has exercised his option indicating Assistant Registrar of Chits, District Registrar's Office, Kadapa, as his first choice. His request is considered and is transferred and posted as Assistant Registrar of Chits, District Registrar's Office, Kadapa vice Smt. G. Venkataratnamma, Assistant Registrar of Chits, District Registrar's Office, Kadapa is transferred. The transfer effected above is at the request and option exercised by the individual during the Counselling and as such the above person is not eligible for sanction of TTA."
(3.)HE further brought to our notice the proceedings dated 11.6.2010 of the Deputy Inspector General of Registration and Stamps, Kurnool Range, wherein it is observed as under:
"The Commissioner and Inspector General of Registration and Stamps, Hyderabad, has directed in the reference 3rd cited to transfer Sri S. Samba Siva Reddy, Assistant Registrar of Chits, District Registrar's Office, Kadapa as Joint Sub-Registrar-I, R.O, Kadapa in the existing leave vacancy. Keeping in view the administrative exigencies and also the circumstances stated above, Sri S. Samba Siva Reddy, under the orders of transfer as Assistant Registrar of Chits, District Registrar's Office, Kadapa is transferred and posted as Joint Sub Registrar-I, Registrar Office, Kadapa in the existing leave vacancy."
The learned Counsel further relied on the judgment of this Court reported in B. Stiresh v. Deputy Commissioner of Prohibition and Excise, 2010 (4) ALD 369 (DB) = 2010 (4) ALT 585 (DB), wherein this Court at paragraph No.7 observed as under:
"7. G.O. Ms. No.143, dated 21.6.2007, on which the petitioner strongly relied on, exempted certain revenue earning departments i.e. Commercial Taxes Department, Prohibition and Excise Department, the 1 st respondent herein, and Registration and Stamps Department from the ban on transfers superseding the earlier G.O. Ms. No.100, dated 1.5.2007 and issuing certain guidelines for effecting transfers in the said departments. The G.O. further authorised the said departments to exercise the powers to effect transfers of Government employees in the said departments on completion of two years strictly based on the performance and duly following the guidelines for transfers as laid down in the annexure of the said G.O."