IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.20646 OF 2011 Date:22.07. 2011 Between:- I.A.V.Krishna Sai .. Petitioner And The Deputy Director General, NCC, Secunderabad and others. .. Respondents THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.20646 OF 2011 ORDER: 1. This writ petition is filed seeking to issue a writ of Mandamus declaring the action of respondent Nos.1 to 3 in not considering the petitioner’s application for transfer as illegal and arbitrary. 2. The petitioner has been appointed as Junior Assistant on 30.07.2001 on compassionate grounds and posted to work at Tenali 22(A) B N NCC. On 26.02.2008, he was promoted to the post of U.D.C. and transferred to Nellore and has been working there from 28.02.2008. In the year 2011, the Government issued G.O.Ms.No.93, dated 14.05.2011, lifting the ban on transfers of staff from one battalion to another battalion. His wife is working as a Teacher in Guntur District and his old aged mother is suffering from ill-health and residing at Nidubrolu of Guntur District. The distance between Nellore and Nidubrolu is about 220 kms and the distance between Nellore to his wife’s working place is about 260 kms. If his wife is to be transferred, she has to be transferred in Guntur District only. The petitioner is in Zone III, which consists of Nellore, Guntur and Prakasam Districts. He completed nearly three years and four months of service in Nellore. For acquiring eligibility for transfer, an employee should have completed at least two years’ of service at one station. Though he made an application, dated 19.05.2011, to respondent No.1 for transfer, his case was not considered and respondent No.4, who completed only three years’ of service, was transferred on the ground of ill-health of his mother. In Zone-III, 29 Senior Assistant Posts are available. As per the existing rules, the respondents should have opted for transfer of six employees but they opted for five employees only. Hence, the writ petition. 3. Heard. 4. The petitioner seems to have given a representation, dated 19.05.2011, to respondent No.1, who is the competent authority, to transfer him as he completed three years and four months of service at the present station. To consider the case of the petitioner for transfer, appropriate decision has to be taken by respondent No.1 in accordance with law and the rules governing the transfers. Therefore, respondent No.1 is directed to take appropriate decision on the representation, dated 19.05.2011, of the petitioner in accordance with the rules governing the transfers. 5. With the above direction, the writ Petition is disposed of. There shall be no order as to costs. ______________________ JUSTICE K.C.BHANU 22nd July, 2011. Note:- Furnish C.C. within three (3) days. B/O AMD THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.20646 OF 2011 Date:22.07.2011 AMD