THE HON’BLE SRI ANIL R.DAVE, THE CHIEF JUSTICE AND THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT APPEAL No.1214 of 2008 Judgment: (Per Hon’ble Sri Justice R. Subhash Reddy) Being aggrieved by the order dated 26-08-2008 passed in W.P.No.16621 of 2008, the A.P. State Road Transport Corporation has filed this appeal under Clause 15 of the Letters Patent. 2. The respondents-writ petitioners are working as drivers in APSRTC, Medak Region in Medak District. By order dated 21-07- 2008, they were transferred to various depots, namely, Zaheerabad, Narayankhed etc., within the region. In the writ petition, they questioned the order of transfer mainly on the ground that by retaining longstanding drivers at Siddipet, they were transferred to various places. It is also their case that subsequent to their transfer, the appellants have considered the request transfers of third parties and posted them at Siddipet. The learned single Judge, while setting aside the order of transfer, issued the following directions: “1. The drivers, who were rendered surplus, on account of making over the services from Siddipet to Dubbak Depot, shall be given option to be transferred to the Dubbak Depot itself, and only such drivers, who do not exercise such option, shall be liable to be posted anywhere in the region. 2. No driver shall be rendered surplus, or shifted, for the exclusive purpose of accommodating the request of another, for being transferred to Siddipet Depot. 3. In this appeal, it is the case of the appellant-Corporation that the transfers were effected on the ground that some buses were hired along with the drivers and as the respondents were found surplus at Siddipet, as such, they were posted at other depots within the region at needy places. 4. When it was represented by the learned counsel for the respondents that there are longstanding drivers working in Siddipet and Dubbak Depots, this court, by order dated 24-10-2008, directed the respondents to make a representation to consider their claims. When the matter is taken up today, the learned Standing Counsel appearing for the appellant-Corporation has placed before us an order dated 29-10-2008, passed by the Regional Manager, Medak Region, Sangareddy, whereby the requests of 11 employees among the respondents were considered and were posted at Dubbak Depot. 5. Though it is submitted by the learned counsel for respondents that even the respondents whose representations are not considered, were transferred only to accommodate some third parties, but, however, in absence of any supporting material on record to substantiate the said allegation, it is not possible for this court to examine on what ground their claims were considered and requests were accepted. Transfer is an incidence of service and whenever employees are found excess in a particular place, it is always open for the employer to transfer them to needy places. 6. In view of the order dated 29-10-2008 passed by the appellant- Corporation and for the afore-stated reasons, we allow this appeal and set aside the order passed by the learned single Judge. We also make it clear that if any further longstanding drivers are working at Siddipet and Dubbak Depots, it is open for the appellant-Corporation to transfer them to needy places whenever general transfers are effected. We also keep it open to the respondents whose claims are not considered now to make a representation to the appellant- Corporation whenever general transfers are effected, and if any such representation is made, we are sure that their claims will also be considered sympathetically, keeping in mind the practical difficulties expressed by them. 7. Subject to the above observations, the writ appeal is allowed without any order as to costs. __________________ ANIL R. DAVE, CJ. _______________________ R. SUBHASH REDDY, J. November 15, 2008 GRR/MRR