IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH: HYDERABAD TUESDAY, THE TWENTY EIGHTH DAY OF JUNE TWO THOUSAND AND ELEVEN PRESENT: THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.17905 OF 2011 BETWEEN: Ch. Sambaiah S/o. Raja Lingam …. Petitioner AND The Superintending Engineer, Electrical IP/the Northern Power Distribution Company of A.P. Limited, Adilabad and another …. Respondents HONOURABLE SRI JUSTICE K.C. BHANU WRIT PETITION No.17905 OF 2011 ORDER: This Writ Petition is filed seeking a Writ of Mandamus to declare the action of the 2nd respondent in issuing the proceedings in Memo No.DEE/OP/NML/JAO/ADM/E2/D.No.295/11, dated 07-06-2011, as illegal and arbitrary; and consequently direct the respondents to transfer the petitioner to the office of the Assistant Engineer, Operations, Mamda. 2. The brief facts that are necessary for disposal of the present writ petition may be stated as follows. The petitioner is working as Line Inspector in the Office of the Divisional Engineer, Operations, Nirmal. The 2nd respondent invited applications from the employees for effecting transfers, as the Government issued policy for effecting transfers by lifting the ban with effect from 21-05-2011, in the Northern Power Distribution Company of A.P. Limited. The petitioner and other employees submitted applications for transfer and the petitioner opted three places i.e. Sarangapur Headquarters or Nirmal Rural or Mamda Headquarters and requested the 2nd respondent to transfer him to any one of those places. The 2nd respondent issued the impugned proceedings transferring the petitioner to Mudhole, instead of transferring to any of the above three places as opted by him. There is also availability of vacancies at Sarangapur and Mamda before effecting transfers and after issuance of transfer orders, there is availability of vacancy at Mamda. The petitioner made an application on 20-06-2011 to the 2nd respondent stating that his daughter is studying intermediate in a College at Nirmal and if he is transferred to Mudhole, which is at a distance of 60 kms from Nirmal, her studies will be affected and requested to modify the transfer orders. The 2nd respondent has not passed any order modifying the transfer order of the petitioner even though there is a clear vacancy at Mamda. 3. Learned counsel for the petitioner contended that during the counselling process, the petitioner has given three places for transfer, but, inspite of availability of vacancy at Mamda, the case of the petitioner has not been considered, therefore, he prays to set aside the impugned order. 4. On the other hand, learned Standing Counsel for the respondents contended that the transfers have been effected as per the guidelines, and therefore, there are no grounds to interfere with the impugned order. 5. Normally, this Court would not interfere with the transfer order, unless it is vitiated by mala fides or contrary to the Rules or there is any arbitrariness on the part of transferring authority. Subject to availability of the vacancies, the 2nd respondent has to consider the case of the petitioner and take a decision for posting the petitioner in any of the three places as requested by him. Whether there are any vacancies available or not in the three places as requested by the petitioner, has to be decided by the 2nd respondent in accordance with the guidelines and transfer policy. 6. Hence, the Writ Petition is disposed of directing the respondents to take appropriate decision on the representation of the petitioner, dated 20-06-2011, and pass necessary orders therein and communicate the same to the petitioner. There shall be no order as to costs. ____________ K.C. BHANU, J June 28, 2011. KTL