A BHARATHI Vs. A RAMA RANI

JUDGEMENT

(1.) An order of transfer dt.27-5-1995, transferring 1st respondent-writ petitioner to APR School, Vangara, Karimnagar District, vice Smt. A. Bharati, the appellant herein (2nd respondent in the writ petition), who was transferred and posted at APR School (Girls), Hasanparthy, Warangal District, was quashed, by the learned single Judge, by the Judgment in W.P.No.11227 of 1995, which is under appeal in this writ appeal, filed under Clause 15 of Letters Patent.

(2.) The parties are mentioned herein as they are arrayed in the writ petition.

(3.) The petitioner Smt, A. Rama Rani was working as Trained Graduate Teacher in Telugu in APR School for Girls, Hasanparthy, Warangal District. Her husband is working as Secondary Grade Teacher at an aided High School at Hanumakonda, Warangal District, which is not a transferable post. She was appointed and posted at Hasanparthy in 1987. Except for a few days, she has been working for over a period of 7 years at Hasanparthy. She was continued at Hasanparthy for such a long time, presumably on the ground that her husband was working near Hasanparthy. The 2nd respondent was working as Trained Graduate Teacher at Vangara since 1992. She requested for transfer to Hasanparthy, as she was suffering from Asthma, since it was closely to the Head Quarters Hospital, Warangal. Her children are studying at Hanumakonda, which was only 5 Km., from Hasanparthy and her husband, who was an officer in State Bank of Hyderabad, was also posted recently at Ghanapur, Warangal District. Considering these facts, 1st respondent transferred her to Hasanparthy and the petitioner was transferred to Vangara, in her place. This order of transfer was challenged by the petitioner by filing the writ petition under Article 226 of the Constitution of India.