ORDER:

This writ petition is filed under Article 226 of Constitution of India, seeking the following relief:

(cid:147)(cid:133).to issue writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent No.4 in issuing Proceedings Office Order No.A1/A1/06/QQS/2009, dated 07.07.2022 transferring the petitioner to Deccan Park at 7 Tombs, Golconda as illegal, arbitrary, malafide and without jurisdiction and contrary to the Rules and Regulations of the respondent No.2, and set aside the same(cid:148)

2. Learned Counsel for the petitioner submits that the petitioner is working as Junior Assistant in the Establishment Section reporting to the respondent No.4. The petitioner is questioning the impugned Proceedings office order No.A1/A1/06/QQS/2009, dated 07.07.2022 transferring the petitioner to Deccan Park at 7 Tombs, Golconda, without jurisdiction and contrary to the Rules and Regulations of the Quli Qutub Shah Urban Development Authority. As per the Rule-20(a) of the Rules and Regulations of the Quli Qutub Shah Urban Development Authority, the respondent No.3 i.e., the Administrator shall exercise all the powers delegated to him by the Managing Committee or as specified by an order by the Government of Telangana. Rule-20(b) contemplates that the Administrator is empowered to appoint personnel and Rule-20(c) contemplates that the Administrator shall prescribe the duties of all officers and staff of the Society and Rule-20(d) prescribes that the Administrator shall exercise full administrative control over the successful administration to the respondent No.2 Society(cid:146)s affairs.

3. The impugned orders passed by the respondent No.4 i.e., the Secretary to the respondent No.2 does not empower the Secretary any authority or jurisdiction to appoint, promote or transfer the employees of the respondent No.2 Society and he is not empowered to administer control over the employees of the respondent No.2 Society. The respondent No.4 issued present impugned orders transferring the petitioner from the Establishment Section to the Deccan Park at 7 Tombs, Golconda where there is no work to the post of Junior Assistant since the Deccan Park has been handed over to M/s.Aaga Khan Constructions and the entire Deccan Park is maintained by the said M/s.Aaga Khan Constructions and requested to allow the petition.

4. The para No.8 of the counter filed by the respondent Nos.2 to 5 states that the respondent No.4 has the power to do internal transfer of the employees of the respondent No.2 Society for smooth running of office administration and the same was mentioned in A1/72/2009 by the then administration on 08.07.2009 and denied the averments in the writ affidavit.

5. At the time of the arguments, the Learned Counsel for the petitioner produced the proceedings No.A1/72/2009 dated 08.07.2009 states that the Secretary, QQSUDA is also delegated with powers to sign cheques upto Rs.20,000; except the bills relating to pay and allowances of the staff members of the QQSUDA telephone charges, electricity bills and water charges but there is no mention about the powers to transfer the employees. It clearly shows that there is no delegation of the powers to make internal transfer of the employees in the Society.

6. After hearing both sides and perusal of the material on record, it clearly shows that the respondent No.4 without power and authority issued impugned transfer orders and transferred the petitioner from Establishment Section of the respondent No.4 Office to the Deccan Park 7 tombs, Golconda. In view of the same, the impugned orders are liable to be set aside on the ground of without jurisdiction. Accordingly, set aside and direct the respondents to continue the petitioner in present place of working with all consequential benefits.

7. With the above mentioned directions, this Writ petition is allowed. There shall be no order as to costs.

8. Miscellaneous applications pending, if any, shall stand cl