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 MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 11803 of 2008 Between: C.L.N Sastry S/o.Late Sri Radhakrishna Murthy Assistant Grade I(General) Food Corporation of India Guntur District ..... PETITIONER AND 1 The Exeutive Director(South) The Food Corporation of India Zonal Office No.3 Handdows Road Nungambakkam,Chennai-6 2 The General Manager The Food Corporation of India III rd Floor HACA Bhavan Regional Office Hyderabad,Andhra Pradesh 3 The Area Manager The Food Corporation of India District Office 6th Lane Arandalpet Guntur (Post&Dist) 522002 .....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 issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the proceedings of the 1st respondent issued in No.2(5)2007 per s AAA Ref.20 Chennai Fax Message No.Esst.I 3(1)2008 dt.29-05-2008 and consequential proceedings issued by the 2nd respondent vide Fax Message No.2(5) 2007 pers dt.05-06-2008 and also the Telegram Message issued by the 3rd respondent dt.05-06-2008 No.Esst.3(1)/2008 as arbitrary illegal and unreasonable and thus violative of Article 14 of the constitution of India and further direct the respondents to retain the petitioner in the post of Manager(General) at Guntur Andhra Pradesh region and pass Counsel for the Petitioner:MR.P.PANKAJ REDDY Counsel for the Respondents: B.ANJANEYULU(SC FOR FCI) The Court made the following : ORDER: The petitioner was working as Assistant Grade-I (General) in the Food Corporation of India at Guntur. Through office order, dated 27.08.2007, he was promoted as Manager (General), on regular basis, in the pay scale of 8,600-14,600 and posted to Karnataka region. Separate orders of transfer were also issued on 01.09.2007, on the same lines. The petitioner states that he suffered cardiac arrest on 17.09.2007 and could not report to the Karnataka region. He is also said to have made representation, with a request to retain him in the A.P. region. The Deputy General Manager (Per), Zonal Office (south), Chennai, has also issued an office order, dated 25.01.2008, directing retention of the petitioner in the Divisional Office at Guntur, in the A.P. region, until further orders. The Area Manager-the third respondent herein, issued a telegram, dated 05.06.2008, stating that the competent authority had examined the case of the petitioner, but did not agree for retention in the A.P. region. It was observed that the petitioner must report to the Karnataka region, failing which disciplinary action would be initiated. The petitioner contends that there is a clear vacancy in the A.P. region and he has hardly two years of service, left over. He submits that at present condition of his health, he cannot report to duty in the Karnataka region and prays that necessary directions may be issued, in this regard. While reiterating the contentions of the petitioner, Sri P.Pankaj Reddy, learned counsel for the petitioner, submits that if it comes to that, the petitioner is prepared to forego his promotion also, so that he can remain for the left over service, at Guntur. Sri Anjaneyulu, learned Standing Counsel for the respondents, submits that the representation made by the petitioner is only for retention at Guntur in the post of Manager (General) and no offer was made to forego the promotion. The promotion earned by the petitioner to the post of Manager (General) had brought along with it, transfer from A.P. region to Karnataka region. The petitioner is said to have suffered cardiac arrest, hardly within few weeks from the date on which he was transferred on promotion. The Deputy General Manager examined the representation of the petitioner, and passed orders as late as in January, 2008, permitting his retention at Guntur. Now, the decision is communicated to the effect that the petitioner must move to Karnataka region. The transfer policy formulated by the respondents themselves emphasizes that the employee must not be shifted to a different place, or state, where the left over service is two years. Though the petitioner would have been happy on being promoted, the same is virtually subdued, on account of his being required to move to Karnataka region. The hardship is on account of the health reasons. The petitioner made endeavour to convince the respondents to retain him in the A.P. region in the promoted post. Now that he has come forward with a plea that, if his moving out to Karnataka region becomes inevitable, he will forego the promotion, he has to make necessary representation to the concerned authority. Therefore, the Writ Petition is disposed of, directing that the petitioner may make a representation with the offer to forego promotion, if necessary, within a period of one week from today. The respondents, in turn, shall consider the same within a period of two weeks thereafter and communicate their decision to the petitioner. Till such time, status quo obtaining as on today shall be maintained. There shall be no order as to costs. ____________________ L.NARASIMHA REDDY, J Dt:12.06.2008 Note:Furnish C.C. in three days. (b/o) GJ