IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWELFTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION Nos: 8128 and 10827 of 2008 W.P.No.8128 of 2008 Between: DPR Ranga Rao, S/o. Sri Satyanarayana Murthy, Divisional Manager, (W.L) Head Office, Andhra Pradesh Forest Development Corporation, Hyderabad. ..... PETITIONER AND 1 Andhra Pradesh Forest Development Corporation, Rep by its Vice- Chairman and Managing Director,3rd Floor, UNI Building, A.C.Guards, Hyderabad - 04. 2 Special Chief Secretary of APEFS & T Department, and Chairperson, AP Forest Development Corporation,3rd Floor, UNI Building, A.C.Guards, Hyderabad - 04. .....RESPONDENTS 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 call for the records from the 1st respondent and issue an appropriate writ, order or direction, particularly one in the nature of Writ of Mandamus declaring that the order of transfer passed by the respondent in proceedings No. PD/1.6.5/2008/1993 (Office Order No. 66/2008), dated 08-4-2008 as illegal, unjust, contrary to law, arbitrary, mala fide and violative of Article 14, 16 and 21 of the constitution of India and grant all consequential benefits. W. P. No.10827 of 2008 Between: D.P.R. Ranga Rao S/o Sri D. Satyanarayana Murthy Head Office, Andhra Pradesh Forest Development Corporation Ltd., Hyderabad. ..... PETITIONER AND 1 Andhra Pradesh Forest Development Corporation Limited, rep by its Vice-Chairman and Managing Director, 3rd Floor, UNI Buildings, AC Guards, Hyderabad-4 2 Special Chief Secretary to Government of A.P., EFS & T Department and Chairperson, A.P. Forest Development Corporation Ltd., D-Block, 2nd floor, A.P., Secretariat, Hyderabad-12. .....RESPONDENTS 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 call for the records from the 1st respondent and issue an appropriate Writ, order or direction, particularly one in the nature of Writ of Mandamus, declaring that the order of transfer passed by the 1st respondent in Proceedings No. PD/5031/2008/2044 (office order 98/2008), dated 8-5-2008, transferring the petitioner from the post of Divisional Manager (WL), Head Office, Hyderabad as Divisional Manager, Paderu Division in Visakhapatnam District as illegal, vindictive, unjust contrary to law, arbitrary, discriminatory, mala fide and violative of Article 14, 16 and 21 of the Constitution of India; and grant all consequential benefits; and pass such other order or orders as deemed fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.A.K.JAYAPRAKASH RAO Counsel for the Respondents: MR.P.SREE RAMULU NAIDU The Court made the following COMMON ORDER: The petitioner filed these two writ petitions assailing the orders of transfer, dated 08.04.2008 and 08.05.2008 respectively. The petitioner is working as Divisional Manager in A.P. Forest Development Corporation and is working in the Head Office. Through orders, dated 08.04.2008, the petitioner was transferred to R.V.Nagar, West Division in Visakhapatnam District. He filed W.P.No.8128 of 2008 stating inter alia that he worked in the same area on an earlier occasion and at that time he was subjected to threats by extremist groups. It is also pleaded that he has been subjected to discrimination in the matter of posting. An interim order was passed by this Court in the said writ petition and subsequently it was modified, leaving it open to the respondents to pass fresh orders of transfer. The first respondent passed another order, dated 08.05.2008, transferring the petitioner to Paderu Division, Visakhapatnam District. W.P.No.10827 of 2008 is filed stating that hardly any difference as to the hardship of the petitioner exist even in the context of the new orders of transfer. Recording certain reasons, interim orders were passed. The petitioner had pleaded several grounds while assailing the orders of transfer. The respondents filed a detailed counter-affidavit running into about 50 printed pages, though the controversy is very narrow and short. In a way, it reflects the respective positions taken by the parties in the matter of the places of work. It is stated that there are two vacancies at Narsipatnam and Warangal and the first respondent does not have any objection to post the petitioner at any of those places. Heard Sri A.K.Jayaprakash Rao, the learned counsel for the petitioner and Sri P.Sree Ramulu Naidu, the learned Standing Counsel for the respondents. The grounds pleaded by the petitioner relate to hardship. This Court would not have interfered, had it been a case where the objection to transfer is on the ground of inconvenience. The petitioner pleaded that he is suffering from ailments and there are no medical facilities at both the places to which he is transferred under different orders. He further contends that there is a threat perception to him from extremists of that area. Whatever be the merit or otherwise of the contention advanced on behalf of the petitioner or the defence pleaded by the respondents, the necessity to deal with the same ceases to exist, in view of the fair offer made on behalf of the respondents. In view of the facts mentioned in the counter-affidavit, this Court indicated that the petitioner may have to choose the places mentioned therein and on instructions, the learned counsel for the petitioner submits that his client is willing to serve at Warangal. In view of the same, the writ petitions are disposed of setting aside the orders impugned in the writ petitions. It shall be open to the respondents to issue fresh orders of transfer to the petitioner posting him at Warangal as indicated in the counter- affidavit. There shall be no order as to costs. __________________ L.NARASIMHA REDDY,J Dt:12.06.2008. Note: Issue cc in two days. (B/o) kdl ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRT}