THE HON’BLE MS.JUSTICE G.ROHINI Writ Petition Nos.16407 and 16448 of 2009 Dated : 11-08-2009 Between: M.Chitti Babu S/o late Deva Sahayam Occ:Line Inspector, Dokiparru, A.P.S.P.D.C.L., Guntur (Petitioner in W.P.No.16407 of 2009) G.Koteshwara Rao S/o late G.Venkateshwarlu Occ:Line Inspector, A.P.S.P.D.C.L., Guntur, Operation Section, Rural, Guntur. (Petitioner in W.P.No.16448 of 2009) ….Petitioners And The Southern Power Distribution Company of A.P Ltd., rep. by its Assistant Engineer, Operation, Guntur and another …Respondents Counsel for the petitioners : Mr.B.A.Prakash Reddy Counsel for the respondents: Mr.P.R.Balarami Reddy Standing Counsel THE HON’BLE MS.JUSTICE G.ROHINI Writ Petition Nos.16407 and 16448 of 2009 COMMON ORDER: The petitioner in W.P.No.16407 of 2009 was initially working as Tester Grade-1 at Single Phase MRT, Guntur Town whereas the petitioner in W.P.No.16448 of 2009 was working as Line Inspector in Operation Section, Rural, A.P.S.P.D.C.L, Guntur. The petitioners made applications for their mutual transfer and having considered the same, the 2nd respondent-Divisional Electrical Engineer, Operation, by order dated 15.6.2009 posted the petitioner in W.P.No.16407 of 2009 to Medikonduru under the control of Additional Assistant Engineer, Operation, Dokiparru Section, Rural Division, Guntur. Similarly, the petitioner in W.P.No.16448 of 2009 was posted to Operation, Town Division, Guntur. Both the transfers were made subject to the condition that the petitioners should forgo lien and seniority in the cadre of Line Inspector in Rural Division, Guntur and Operation Town Division, Guntur respectively. Pursuant to the order dated 15.6.2009, both the petitioners were relieved and joined in their new stations. Subsequently, the impugned order dated 4.7.2009 came to be passed by the 1st respondent cancelling the earlier orders dated 15.6.2009 on the ground that separate seniority list is being maintained in the cadre of Tester Grade-1 in Single Phase MRT of Town Division, Guntur. The said orders dated 4.7.2009 are under challenge in these two writ petitions contending that the impugned action of the respondents is contrary to the guidelines issued in Memo No.CMD/CGM(HRD)/DS/AS(I)/ PO(Adm)/D.No.1036, dated 27.5.2009. I have heard the learned counsel for the petitioners as well as the learned Standing Counsel appearing for the respondents. It is the specific case of the petitioners that the duties and pay- scales of Line Inspector and Tester Grade-1 are one and the same and at any rate, since they had given their willingness to forgo their seniority in the respective divisions, the impugned order of cancellation is unwarranted and unjustified. It is also contended that the ban imposed on transfers has come into force with effect from 15.6.2009. It is apparent that the impugned order of cancellation dated 4.7.2009 has been passed without affording an opportunity to the petitioners to make their representation against the proposed action. Since the petitioners were denied an opportunity to raise the above said objections, the impugned orders being in violation of the principles of natural justice, are liable to be set aside on that ground alone. Accordingly, without expressing any opinion with regard to the petitioners’ contention that the impugned order is contrary to the guidelines, the Writ Petitions are disposed of permitting the petitioners herein to submit their objections treating the impugned order dated 4.7.2009 as a show-cause notice. If any such objections are submitted by the petitioners within two weeks from today, the respondents shall consider the same and pass appropriate orders afresh in accordance with law. The Writ Petitions are accordingly disposed of. No costs. __________ G.ROHINI, J 11th August 2009 RAR THE HON’BLE MS.JUSTICE G.ROHINI Writ Petition Nos.16407 and 16448 of 2009 Dated : 11-08-2009