THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.16123 OF 2011 ORDER: This writ petition is filed seeking to issue writ of mandamus declaring the action of the respondents in transferring the petitioner from Karimnagar Zonal Work Shop to Karimnagar Region, vide proceedings No.E3/P5/255 (34)/2001-KRJ, dated 17- 05-2011 as his post is excess as illegal, arbitrary and violative of Article 14,16 and 21 of the Constitution of India, 1950 and consequently set aside the same. 2. The petitioner was appointed as Shramik in APSRTC on 21-08-1985 and subsequently promoted as Hammer Men on 30- 12-1985 and again promoted as Trimmer on 07-05-1991. He was transferred to Karimnagar Region on 03-07-2001 on par with other four Trimmers on the ground that they are excess staff. He reported and worked at various Depots wherever requirement is there. After completion of 10 years, he was repatriated to Zonal Work Shop on 10-05-2010 and reported on 16-09-2010. He lost incentive and uniform cloth in the above period and now the 2nd respondent transferred the petitioner to 3rd respondent office, vide proceedings dated 17-05-2011. There is no provision to transfer an employee from region to another and ignoring the circular instructions issued by the 1st respondent, the 2nd respondent transferred him, which is illegal. Hence, the writ petition. 3. The respondents filed counter affidavit stating that the petitioner was appointed as Khalasi and subsequently promoted as Trimmer. Due to reduction of excess man power at Zonal Work Shop, Karimnagar, 16 employees including the petitioner were transferred and accordingly, they reported at the office of Deputy Chief Personal Manager, Karimnagar. Through office order, dated 10-05-2010, the petitioner and another were transferred to Zonal Work Shop, Karimnagar, on repatriation against one sanctioned vacancy and one temporary requirement as two Trimmers were working against 3 sanctions. Accordingly, the petitioner reported at Zonal Work Shop, Karimnagar. Through letter dated 28-04-2011 communicated the orders of ED (E &IT) for transfer of one Trimmer, the petitioner was transferred and posted to Karimnagar Region as junior most among the repatriated Trimmers. Due to excess staff at Zonal Work Shop, Karimnagar, the respondents transferred the petitioner, which is not illegal. Hence, they pray to dismiss the writ petition. 4. Learned counsel appearing for the petitioner contended that in spite of available vacancy, with a mala fide intention, the petitioner was transferred illegally and hence, he prays to set aside the same. 5. On the other hand, learned standing counsel appearing for the respondents contended that as the petitioner was found to be excess staff, he was transferred and as and when vacancy arises, he will be taken back subject to availability of vacancy. 6. The transfer is one of the incidences of the service. Ordinarily this Court would not interfere with the transfer orders, unless it is vitiated or the person who effected transfer has no authority or it is contrary to the regulations governing the service conditions of the post. The case of the petitioner does not fall under any of the above categories. However, learned counsel appearing for the petitioner placed reliance on the decision reported in J.RAVINDER V THE REGIONAL MANAGER, APSRTC KARIMNAGAR REGION, KARIMNAGAR AND ANOTGHER [1], wherein it was held thus: “The transfer orders are even otherwise bad in law because as per the Regulations framed by the corporation, the post held by the petitioners is a Divisional level post and they are liable to be transferred from one place to another place but within Karimnagar division. By the impugned orders, the petitioners have been transferred outside Karimnagar division, in violation of the Regulations. It cannot be gainsaid that transfer is a necessary concomitance of every service, but if such a transfer could be effected only on certain conditions. In these cases the transfers are effected in violation of the Regulations and no material is placed before the Court to show why the Corporation chose to transfer the petitioners outside Karimnagar Division.” The counsel for the petitioner has not shown that the order is contrary to the regulation. Therefore, the above decision has no application to the present facts of the case. Though it is stated that there are four vacancies, but according to the impugned order, the petitioner was found to be excess and junior most person in that category. Therefore, he was transferred. In the absence of any mala fides, impugned order needs no interference by this Court. 7. Accordingly, the Writ Petition is dismissed. No order as to costs. ---------------------- K.C.BHANU, J. DATED: 15-07-2011 Hsd[ [1] 1994 (2) A.P.L.J. 225 (HC)