IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 7462 of 2008 Between: A.Karuna Kumar S/o.Sree Ramulu Karapa Headquarters E.G Dist ..... PETITIONER AND 1 The Superintending Engineer Operation Circle APEPDCL Rajahmundry E.G Dist 2 The Divisional Officer(Operation) Jaggampet .....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 an order or direction more in the writ of Mandamus to declare the action of the 1st respondent in issuing posting orders to the petitioner to Division office Jaggampet on promotion vide Memo No.SE/O/RJY/PO/JAO/ADM/U3/D.No.374/08 dt.13-02-2008 of the 1st respondent as illegal arbitrary discriminatory violative of Articles 14 and 16 of the constitution of India and consequently set aside the impugned orders to the extent of posting orders of the petitioner and further direct the respondents to post the petitioner as U.D.C in the E.R.O office Kakinada or Divisional office Kakinada or in the existing or fothcoming vancancies. Counsel for the Petitioner:MR.POODATTU AMARENDER Counsel for the Respondents: P.R.BALARAMI REDDY(SC FOR AP TRANSCO) The Court made the following : ORDER: The petitioner was employed as Lower Division Clerk (LDC) in the year 1989, and at present, he is working in the office of the Divisional Engineer, Kakinada. He became eligible to be promoted, and accordingly, vide order, dated 13.02.2008, the first respondent promoted the petitioner as Upper Division Clerk (UDC) and posted to Jaggampet. He was also relieved from the post of LDC on 22.02.2008. The petitioner submitted a representation, dated 16.02.2008, stating that, on account of the illness suffered by him, he is unable to function at Jaggampet, and had chosen to forego the promotion, with the object of staying at Kakinada, as LDC. However, on the next day, the representation was withdrawn. The respondents issued memo, dated 12.03.2008, requiring the petitioner to report at Jaggampet as UDC, within seven days, failing which, necessary action will be taken. The petitioner challenges the same. Learned counsel for the petitioner submits that though there were no vacancies of UDC at Kakinada in February, 2002, one vacancy is likely to arise, in the month of April itself, and the petitioner can be accommodated therein. He contends that, on account of the injuries sustained by the petitioner in an accident, he is unable to move out of Kakinada. Learned Standing Counsel for the respondents, on the other hand, submits that the petitioner has to continue as LDC at Kakinada, or to move out from that place, in case he wants promotion. No exception can be taken to the orders, dated 13.02.2008, passed by the first respondent, promoting the petitioner and posting at Jaggampet. If he is facing any difficulty in moving out of Kakinada, on promotion, the petitioner has to forego the promotion. He has to choose between a place of work, and position, in the service and cannot have it both ways. It is represented that a vacancy in the cadre of UDC is likely to arise at Kakinada, and in such an event, the petitioner can be accommodated there. The record, however, discloses that having been relieved on 22.03.2008, the petitioner did not join duty anywhere. The petitioner states that he is prepared to remain as LDC at Kakinada, till he gets the posting at the same place, on promotion. Hence, the Writ Petition is disposed of, directing that the respondents shall permit the petitioner to continue as LDC at Kakinada, and to that extent, his promotion to the post of UDC shall stand cancelled. After the petitioner joins the duty as LDC, the first respondent shall consider the feasibility of promoting him, in case a vacancy of UDC arises at Kakinada. There shall be no order as to costs. ____________________ Dt.15.04.2008 L.NARASIMHA REDDY, J GJ ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 2CD copies Form-NIC-OGS/WP{BMR}