IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 12858 of 2008 Between: Mohd. Siddiqui S/o. Late Mohd. Suleman E.No.55458, R/o. H.No.19-2-18/C/4/1, Bagh Amjad Daula, Kalapather, Hyderabad, A.P. ..... PETITIONER AND 1 Dy. Chief Personal Manager, Greater Hyderabad Zone, O/o. E.D. Greater Hyderabad City Zone JBS, Secunderabad. 2 Divisional Manager, APSRTC Hyderabad, Division at C.B.S., Hyderabad, A.P. 3 Depot Manager, APSRTC Falaknuma Depot, Hyderabad. .....RESPONDENT(S) 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 to issue a writ of Mandamus declaring the action of the 1st respondent in not issuing order or detention of the petitioner at same working place considering his date of retirement dated 30.01.2009 on his promotion as DC/TI./III/TT/Is vide Order No.E1/255(19)/07-HC2 dated 13.12.2007 whereas the petitioner is working presently as D.C.(Oil)-Cum- ADC in pursuance of the 3rd respondent order No.E3/255(1)/08 F.M. dated 05.04.2008 is illegal, unjust, contrary to law and violative of principles of natural justice by granting all consequential benefits and granting seniority on promotion post w.e.f., 13.12.2007 and pass such other order or orders Counsel for the Petitioner:MR.MOHD.GHOUSEUDDIN Counsel for the Respondent No.: K.MADHAVA REDDY(SC FOR APSRTC) The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 12858 of 2008 ORDER: The petitioner was working as Assistant Depot Clerk in the Falaknuma Depot of A.P.S.R.T.C. Vide proceedings, dated 13.12.2007, the Executive Director, Hyderabvad City Zone, promoted the petitioner to the post of Depot Clerk and transferred him to Midhani Depot. Another Assistant Depot Clerk, by name N.Yadagiri, who was working in the Secunderabd Depot was promoted as Depot Clerk and said to have been posted in Falaknuma Depot. The petitioner submits that he is due to retire in the month of January 2009 and if he is shifted from Falaknuma Depot at this stage, several problems, in the context of extension of retirement benefits, would arise. He made a representation, dated 14.02.2008, to the 1st respondent with a prayer to retain him i n Falaknuma Depot, by stating that Mr. Yadagri, who is posted in that Depot, is willing to go to Midhani Depot. His grievance is that no action has been taken thereon and efforts are being made to relieve him. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents. Though the petitioner had the benefit of promotion, it brought with it the obligation to be shifted to another place. It is true that the distance between Falaknuma and Midhani Depots is not much. All the same, the transfer of the petitioner to another place assumes significance, in view of the fact that he is scheduled to retire hardly within six months. In case, there exists any possibility for mutual transfer, it needs to be examined. For all practical purposes, the petitioner denied to himself, the benefit of promotion, awaiting the consideration of the representation made by him. Therefore, the writ petition is disposed of, directing the 1st respondent to pass appropriate orders, on the representation, dated 14.02.2008, made by the petitioner within a period of two (2) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. _________ 11.07.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MSN} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 12858 of 2008 Date: 11.07.2008 JSU