IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.16845 OF 2011 Date:20.06.2011 Between:- Pasupula Janaki Ramudu .. Petitioner And The Andhra Pradesh Southern Power Distribution Company Ltd., Operation Circle, Kadapa, Rep.by its Superintending Engineer (Operation), Yerramukkapally, Near Collector Bangla, R.S.Road, Kadapa and another. .. Respondents THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.16845 OF 2011 ORDER: This Writ Petition is filed to issue a writ of mandamus declaring the action of respondent No.1 in transferring petitioner to the office of Electricity Revenue Officer, Rajampeta vide Memo No.SE/KDP/Adm/PO/S1/F31/D.No.1521/11, dated 15.06.2011, and posting respondent No.2 in petitioner’s place vide his impugned proceedings vide Memo No.SE/O/KDP/ADM/S1/F.6/D.No.1520/11, dated 15.06.2011, as illegal, arbitrary and contrary to sub-para (k) of para No.4 of transfer guidelines issued vide Memo.No.CMD/SPDCL/CGM(HRD)/DS/AS-I/PO(Adm)/D.No.1040/11, dated 22.05.2011, and consequently direct respondent No.1 to retain the petitioner in Kadapa Station and for payment of costs. 2. The brief facts that are necessary for the disposal of the present petition may be stated as follows: The petitioner was initially appointed as L.D.C. in the respondent Corporation in the year 1992. Later, he was promoted as Senior Assistant on 28.05.2008 and posted in the office of the Divisional Engineer (Operation), Kadapa and since then, he was discharging his duties there. His wife is working as Junior Lecturer in Botany, A.P.S.W.Residential College for Girls, Kadapa. He was suffering from Cancer Co-lon and a major surgery was done to him in N.I.M.S. in the year 1998 and he utilized credit card of the then A.P.S.E.B. for medical treatment and the same was informed to the concerned authorities. A medical certificate, dated 17.06.2007, was issued to that effect. Due to his health condition, his wife was retained in the same place in general transfer counseling held for the year 2011-2012. They have only one daughter aged 10 years studying 6th class and there are no elders to look after the welfare of their daughter. Now, he is undergoing treatment of Chemotherapy in R.G.I.M.S., Kadapa and a certificate, dated 10.05.2011, is issued to that effect. The Chairman and Managing Director of APSPDCL issued guidelines, dates 22.05.2011, for general transfers during 2011-2010 and sub para (i) [spouse], (k) [ailments] of para 4 of the said guidelines give certain privileges/priorities to spouses working and suffering from some ailment. Respondent No.1, contrary to the transfer guidelines in general and sub-para (k) of para 4 of such transfer guidelines in particular, transferred him to the office of E.R.O., Rajampeta, Kadapa District and respondent No.2 was transferred in his place. 3. Learned Counsel for the petitioner contended that the impugned transfer order is contrary to sub-para (k) of para No.4 of transfer guidelines applicable during 2011-2012 issued by Chairman and Managing Director of APSPDCL and even though certain posts are available at Kadapa, he is not posted there and hence, he prays to set aside the impugned proceedings. 4. On the other hand, learned Standing Counsel appearing for respondent No.1 contended that on administrative grounds, several transfers have been effected and the case of the petitioner is one such transfer and therefore, there are no grounds to set aside the impugned proceedings. 5. Ordinarily, this Court would not interfere with the transfers because it is for the concerned administrative authorities to effect transfers on administrative grounds. The Chairman and Managing Director of APSPDCL framed certain guidelines for effecting transfer of employees for the year 2011-2012. Guideline No.(k) reads as follows: “The incumbents ailing from chronic diseases (either self, or spouse or dependent children) such as cancer, heart operation, neurosurgery, bone T.B., kidney transplantation/Dialysis and who have completed 3 years/5 years of period as the case may be are to be transferred to some other post in the same station, if available. If there is no post to accommodate, the incumbent is to be transferred outside to a place nearest to the present place. This concession is only for those who have already availed credit card for the disease and taken permission for treatment elsewhere.” A perusal of the above guideline would show that petitioner has availed the credit card for his disease and therefore, he is entitled to be posted at Kadapa and if no vacancies are available there, then only, he shall be posted to the nearest place. 6. According to the learned Counsel for the petitioner, three posts are vacant at Kadapa and therefore, he may be accommodated there. 7. Considering the fact that the petitioner’s case falls under transfer guideline No.(k), respondent No.1 is directed to take appropriate decision in accordance with guidelines and as per law within a period of two (2) weeks from the date of receipt of a copy of this order and communicate the same to the petitioner. 8. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. _​_____________________ JUSTICE K.C.BHANU 20th June, 2011 Note:- Furnish C.C. today. B/O AMD THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.16845 OF 2011 Date:20.06.2011 AMD