IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.9859 of 2008 Between: Balla Rama Rao, S/o. late Balla Rama Rao M/s Hindustan Flurocarbons Ltd., 1402, Babukhan Estate, Basheerbagh, Hyderabad-500001, C/o. G.S. Sunil kumar, Plot No.29, Sri sai Enclave, Old Bowepally, Secunderabad- 11. ....Petitioner And 1. Secretary to the Government of India, Ministry of Chemicals & Fertilizers, Department of Chemicals, Shastri Bhavan, New Delhi-110001. 2. M/s Hindustan Flourocarbons Limited, 1402, Babukhan Estate, Basheerbagh, Hyderabad- 500001, represented by Managing Director. ....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 declaring the action of the respondents by posting the petitioner at Baroda instead of posting at Hyderabad, which was mentioned in Part II order dated 18.02.2008 issued by respondent No.2 herein at the time of implementing the Hon'ble High Court order 24.10.2007 passed in W.P.No.13295 of 2000 as illegal and arbitrary. Counsel for the petitioner : Sri Tene Panduranga Rao Counsel for respondent No.1 : None. Counsel for respondent No.2 : Ms. G. Sudha The Court made the following: ORDER: (per Anil R. Dave, C.J.) By an order passed by a learned Single Judge of this Court dated 1st May, 2008, this petition has been directed to be notiﬁed before this Court so that it may be heard along with Writ Appeal Nos.63 and 420 of 2008. The petitioner is an employee of respondent No.2. By an order dated 2nd June, 1999, he was transferred to Baroda from Hyderabad. When he was performing duties at Baroda, departmental proceedings initiated against him were pending and ultimately by an order dated 23rd June, 2000, his services had been terminated. The order dated 23rd June, 2000 had been challenged by the petitioner before this Court and ultimately he succeeded in the petition. By virtue of the order passed in Writ Petition No.13295 of 2000, the order terminating the service of the petitioner had been set aside and it was directed that the petitioner should be reinstated into service with continuity of service and other attendant benefits, but without any back wages. By virtue of the afore-stated order passed in the writ petition, the petitioner had been reinstated into service at Baroda. In this petition, the petitioner has submitted that he has been wrongly transferred to Baroda. Upon hearing the learned Advocates and looking to the facts of the case, in our opinion, the petitioner had not been transferred to Baroda at all because his services had been terminated when he was working in Baroda. The petitioner had never challenged the order dated 2nd June, 1999, whereby he was transferred to Baroda from Hyderabad. As the order of termination dated 23rd June, 2000 has been now set aside by this Court, the petitioner has been reinstated into service at Baroda and, therefore, he has no right to be reinstated in service at Hyderabad. In our opinion, it cannot be said that the order of reinstatement is an order of transfer. In the circumstances, we do not ﬁnd any substance in this petition where the learned Advocate appearing for the petitioner has submitted that the petitioner has been wrongly transferred to Baroda. The petition is, therefore, rejected with no order as to costs. ANIL R. DAVE, C.J. 4th August, 2008 R.SUBHASH REDDY, J. ........REGISTRAR To 1. The Secretary to the Government of India, Ministry of Chemicals & Fertilizers, Department of Chemicals, Shastri Bhavan, New Delhi-10001. 2. The Managing Director, M/s Hindustan Flourocarbons Limited, 1402, Babukhan Estate, Basheerbagh, Hyderabad- 500001. 3. Two copies to Asst. Solicitor General of India, High Court Buildings, Hyderabad (OPUC). 4. Two C.D. copies. ARS