THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NOS : 15439&16447 of 2008 Date: 30.07.2008 Between: S.Ramudu and others Petitioners And The A.P.Power General Corporation Limited and others. Respondents THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NOS : 15439&16447 of 2008 COMMON ORDER: These two writ petitions arise out of an order, dated 01.07.2008, and the subsequent proceedings issued by the Superintending Engineer, O&M Circle, Srisailam Left Bank Hydro Electrical Scheme (for short ‘the Scheme’) and the Chief Engineer/Electrical (O&M), Srisailam Dam West, Power Generation Corporation of A.P. Limited, Srisailam respectively. Hence, they are disposed of a through a common order. The Superintending Engineer effected large scale transfers in his unit vide proceedings, dated 01.07.2008. 17 employees, including the petitioners in both the writ petitions, were transferred to different divisions, on the ground that they have completed 7 years or more service in their respective divisions. The orders of transfer were given effect by 14.07.2008. However, on the same day, the Superintending Engineer issued proceedings, directing retention of the petitioners in W.P.No.15439 of 2008 in their earlier divisions, thereby neutralizing their transfers made under the proceedings, dated 01.07.2008. On the next day, he issued another memo, canceling the one, dated 14.07.2008. W.P.No.15439 of 2008 is filed against the same. This Court passed an interim order on 18.07.2008 observing that the changes were made hardly within few weeks from the transfer order, dated 01.07.2008. The concerned Chief Engineer, in turn, issued proceedings, dated 24.07.2008, canceling the orders, dated 01.07.2008, in view of the observations made by this Court in the interim order, dated 18.07.2008. W.P.No.16447 of 2008 is filed against the said order. Heard Chandraiah Sunkara and Sri K.Vasudeva Reddy, learned counsel for the petitioners and Sri K.Chidambaram, learned Standing Counsel for the respondents. On realizing that certain employees were continuing in the same division, for a long period, the Superintending Engineer effected transfers, through proceedings, dated 01.07.2008. Pressures appeared to have been brought either by the unions or by the respective individuals. The same resulted in partial modification of the said proceedings on 14.07.2008. A somersault was made on the next day itself. This naturally gave raise to the feeling that the transfers were either effected or reversed on selective basis. Having realized this and taking the observation made by this Court into account, the Chief Engineer had cancelled the proceedings, dated 01.07.2008 and the same resulted in disturbance of the postings made under it. This Court is of the view that the respondents ought to have verified the matter objectively before effecting transfers and continued the transfers, so made, for a fairly reasonable period. Selective and frequent transfers would neither be in the interest of the organization nor of the employees. On the other hand, it would send some wrong signals. If any lapse has taken place in the orders of transfer, dated 01.07.2008, the same needs to be corrected by stating the reasons therefor, so that, no one apprehends discriminate treatment. Though transfers were made within the same place, to different divisions, the exercise landed into controversy and uncertainty. Having regard to the facts and circumstances of the case, the writ petitions are allowed and the orders challenged in the respective writ petitions are set aside. It is directed that the Chief Engineer/Electrical (O&M), Srisailam Dam West, Power Generation Corporation of A.P. Limited, Srisailam and the Superintending Engineer, O&M Circle, SLBHE Scheme, Srisailam Dam West, Srisailam, shall examine the matter objectively, within a period of two (2) weeks from today and pass comprehensive orders effecting transfers and postings. The views of the unions or the individuals, as the case may be, shall be taken into account before passing such orders. Till such exercise is completed, the petitioners in W.P.No.15439 & 16447 of 2008 shall be continued in the places allocated to them in the proceedings dated 14.07.2008 and 01.07.2008 respectively. There shall be no order as to costs. _________ 30.07.2008 Note: Issue C.C. in three days. (B/o) JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NOS : 15439&16447 of 2008 Date: 30.07.2008 JSU