IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 952 of 2009 Between: B. Bikshapathi S/o. Isthari O/o. The Asst. Traffic Manager, APSRTC, MGBS, Gowliguda, Hyderabad, A.P. ..... PETITIONER AND 1 The Regional Manager, APSRTC, Ranga Reddy Region, MGBS, Gowliguda, Hyderabad, A.P. 2 The Assistant Traffic Manager, APSRTC, MGBS, Gowliguda, Hyderabad, A.P. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring that the action of the Respondents in transferring me from APSRTC, Mahatma Gandhi Bus Station to Picket Bus Depot/Station is bad, arbitrary, illegal, unjust and unreasonable by setting aside the petitioner's transfer letter No. E1/813(1)/2008-MGBS, dt. 5-9-2008 of the 2nd Respondent herein and consequently direct the respondents to continue the petitioner in APSRTC, Mahatma Gandhi Bus Station, Gowliguda, Hyderabad and pass Counsel for the Petitioner:MR.P.VENKATESWAR RAO Counsel for the Respondent No.: K.MADHAVA REDDY(SC FOR APSRTC) The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 952 OF 2009 ORDER: 1. This writ petition has been filed by B.Bikshapathi assailing the action of the respondents in transferring him from Mahatma Gandhi Bus Station to Picket Bus Depot/ Station. 2. The petitioner is a Painter in Mahatma Gandhi Bus Station. The respondents transferred him from Mahatma Gandhi Bus Station to Picket Bus Depot/Station. According to the petitioner, he is unable to perform the journey and therefore seeks direction to the respondents to retain him at Mahatma Gandhi Bus Station. 3. For better understanding the grievance of the petitioner, I may refer paras 3 and 4 of the affidavit filed in support of the writ petition and they are: “I submit that it is an admitted fact that in entire mahatma Gandhi Bus Station, I am only the painter and there is no other person of painter post. There is only one post of painter in said bus Station, which is biggest bus station in Asia. Even in Picket bus station also there is only post is there. In MGBS the painters job work is more than picket bus depot/station. My transfer is not substituted by any other as on today. I am going to be retired within 15 months only. I am underwent with a major surgery to hip bones, in NIMS hospital in the year 2005 as recommended by APSRTC, Tarnaka Hospital, Hyderabad I am also underwent by eye operations in the year 2006 and in 2008. Due to my hip bone operation and left leg ankle operation, I cannot board the bus immediately, because of this reason, I cannot travel to the long distance of picket bus of Picket bus sdepot as I am residing very nearer to Gowliguda Bus Depot in House No. 16-6-658, Osmanpura, Chadarghat, Hyderabad. The present transfer is also middle of the academic year my son ( Sai Mallikarjuna) is studying B.Com., ( Computers) Ist year at Narayana Degree collage, Dilsukhnagar, Hyderabad. Admittedly it is not a administrative transfer. 4.I submit that because of ill health I am under sick as on today and I have not joined in my duty. Even the transfer order was served to me on 21-01-2009, anyhow I was informed orally in the 2nd week of September 2008 about my transfer. I have also represented my grievances and asked to retain in MGBS, but it was not considered. As per my information by so many employees, because of non-availability of any painter in MGBS for writing Sankranthi Special destination b oards and paintings and caution/parking, cutting stencils etc., works the staff and passengers are faced so much of inconvenience and also confusion. And there was a big discussion by the employees and the management, why unnecessarily I was transferred to Picket bus depot and what purpose I was transferred. If there is no work in MGBS or any substitute is posted in my place, my transfer can be done, but unfortunately without any reasons or purpose I was unnecessarily disturbed. So the present transfer transfer is bad, arbitrary, illegal , unjust and unreasonable.”. 4. When the writ petition came up for admission, Sri K. Madhava Reddy, learned standing counsel for APSRTC takes notice on behalf of the respondents. 5. Heard learned counsel appearing for the parties. 6. Learned counsel appearing for the petitioner submits that the petitioner is unwell and he is not in a position to take up journey and therefore seeks a direction to the respondents to retain him in at MGBS. 7. Learned standing counsel appearing for the respondents resisted the prayer sought for in the writ petition. 8. M.G. Bus Station and Picket Depot are within the city. Since both the stations are within the city , there is no justification for the petitioner for retention in M.G.Bus Station. Therefore, I am of the view that the writ petition filed by the petitioner is wholly misconceived. 9. Accordingly, the writ petition is dismissed at the admission stage. No order as to costs. ______________________________ Justice B. Seshasayana Reddy 27th January, 2008. KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No. 952 OF 2009 27th January, 2009.