IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FOURTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.22327 of 2008 Between: Shri Chitti Prasada Rao, S/o. Late Chitti Sanyasi Naidu, Visakhapatnam, R/o. Door No. 5-44-G-12, Sundarshyam Colony, Sanathivanipalem, Vepagunta Post, Visakhapatnam - 530 047. ..... PETITIONER AND 1 The Chairman and Managing Director, M/s. Hindustan Shipyard Ltd. Visakhapatnam, Rep.by its Chairman & Managing Director, Visakhapatnam - 530 005. 2 The General Manager (SB) Personnel & Administration, M/s. Hindustan Shipyard Ltd. Visakhapatnam - 530 005. 3 The Manager Personnel (E&S), M/s. Hindustan Shipyard Ltd. Visakhapatnam - 530 005. 4 Sri A. Ramakrishnam Raju, S/o. not known, H.S.L., Colony Vizag. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court may be pleased to issue a writ order or direction particularly one in the nature of Writ of Mandamus declaring the transfer order dt. 24-9-2008 in Procg.No.PD/SC/3200/83/2008 issued by 3rd respondent, without the approval of the 1st respondent the competent authority and will eﬀect the petitioner's prejudice civil consequences i.e. seniority, chances of promotion and quantum to pay as illegal, arbitrary, unjust, wholly without jurisdiction and violative of Articles 14 and 16 of Constitution of India and consequently direct the respondents not to transfer the petitioner from the production zone by protecting his seniority etc., in the interest of justice. Counsel for the Petitioner: MR.P.RAJASEKHAR Counsel for the Respondents: MR.S.V.BHATT The Court made the following: THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.22327 OF 2008 ORDER: This writ petition is ﬁled seeking a Mandamus declaring the transfer order No.PD/SC/3200/83/2008, dated 24.09.2008, issued by the 3rd respondent- Manager (Personnel-E&S), M/s. Hindustan Shipyard Ltd., Visakhapatnam, as illegal and arbitrary. It is the case of the petitioner that he is working as Senior Assistant in the Welding Department, production zone of Hindustan Shipyard Ltd. at Visakhapatnam. There are four zones in the respondent Corporation and each zone is a separate unit for the purpose of appointment, seniority, promotion etc. He is the senior-most Senior Assistant in the production zone and is entitled for promotion to the next higher post. While so, under the impugned order dated 24.09.2008, he was sought to be transferred to Civil Maintenance Department, which comes under service zone. His grievance is that if he is transferred to service zone, he will become junior to all the Senior Assistants in the service zone and will lose the promotional opportunity in the production zone, and that the impugned transfer order is passed without approval of the competent authority i.e. the 1st respondent, only with a view to deny him promotion for which he is entitled to. Today, when the matter came up for hearing, Mr. S.V.Bhatt, learned Standing Counsel for M/s. Hindustan Shipyard Limited, on instructions, submitted that all the four divisions of the respondent Corporation would be treated as a single unit for the purpose of appointment, transfer, promotions etc. and mere transfer of the petitioner from one division to another division would not aﬀect his seniority in the cadre of Senior Assistant. He further submitted that while considering promotion to the next higher post, the entire service rendered by the petitioner in the respondent Corporation in the cadre of Senior Assistant would be taken into account, but not the service rendered by him in a particular division, and that the petitioner approached this Court only under a misconception. The above submissions made by the learned Standing Counsel are not seriously disputed by the learned counsel for the petitioner. In the circumstances, I am of the opinion that the writ petition is devoid of merits and is liable to be dismissed. Accordingly, the writ petition is dismissed. No order as to costs. _________​__________ JUSTICE C.V. RAMULU 24th October, 2008. IBL