IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.18299 OF 2011 Date:08.07. 2011 Between:- T.Ramachandra Reddy .. Petitioner And The Chairman and Managing Director, APSPDCL, Tirupati and others. .. Respondents THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.18299 OF 2011 ORDER: This writ petition has been filed under Article 226 of the Constitution of India, seeking to issue a writ of Mandamus declaring the action of respondent No.2 in transferring the petitioner to the office of the A.E., APSPDCL, Nagalapuram (Operation) without considering the petitioner’s request to post in the office side either at Tirupati or at Chittoor on health grounds as illegal and arbitrary and consequently, direct respondent Nos.1 and 2 to post the petitioner in the office side either at Tirupati or at Chittoor on medical grounds. 2. The petitioner was appointed as Sub Overseer on 08.02.1985 in the erstwhile APSEB and after formation of DISCOMS, he was allotted to Tirupati Operation Circle and was continuing in Tirupati Operation Circle as Additional Assistant Engineer. He worked as AAE (Commercial) at Rural Division Tirupati upto 2003. In the year 2003, he was posted to Palasamudram for field work. The then Superintending Engineer reconsidered his case in view of his health condition and again transferred to Puttur Operation Division (office work). He is a diabetic patient since 1995 and he had right foot injury in the year 2006. He underwent foot operation in the year 2006 at Chennai. In spite of knowing about his health condition, respondent No.1 intentionally transferred him to Pitchatur Section office for field work and relieved him on 31.05.2007. Since then, he has been making representation to respondent Nos.1 and 2 to consider his case for posting in the office instead of field work. As he was suffering from Diabetics, Heart Ailment and Foot injury, he applied for medical leave instead of joining at Pitchatur from 01.06.2007 to 31.10.2007. Though he applied for medical leave, he was punished on the ground of absenteeism, which was set aside by this Court in W.P.No.1335 of 2009 dated 01.04.2009. He was placed under suspension with effect from 05.01.2008 on the ground that a criminal case was registered against him for the offence punishable under Section 498-A I.P.C. Against the order of suspension, he filed W.P.No.2498 of 2008 and this Court suspended the order of suspension on 08.02.2008. Thereafter, he was posted to T.R.E. Section at Chittoor for field work. When he reported there, the Divisional Engineer recommended his case for posting in the office in view of his health condition. He appeared for the meeting conducted by respondent No.1 in the month of March, 2008 in the presence of S.E., C.E., and D.Es. and respondent No.1, instead of considering his case for posting in the office side, orally advised him to go on medical leave. He received injuries to his left foot also and not in a position to discharge field duties. He underwent heart operation on 13.04.2011 and presently, facing so many medical problems and not in a position to discharge the field work. Explaining his health condition, he made a representation, dated 23.05.2011, requesting to transfer him in the office side at Tirupati or at Chittoor as he needs frequent medical check up. Ignoring his health condition, respondent No.2 transferred him to Nagalapuram (operation) field work. Previously, he filed W.P.No.12490 of 2010 and this Court directed to consider his representation, dated 25.05.2010. But respondent No.2 mechanically and intentionally rejected it vide order, dated 02.07.2010, by giving some irrelevant reasons. Immediately, he made an application, dated 14.07.2010, for reconsideration but in vain. He suffered heart attack on 17.10.2010 and since then, he was not discharging his duties properly and finally, underwent heart operation on 13.04.2011 and since then, he was on medical leave upto 30.06.2011. In the meanwhile, respondent No.2 effected general transfers and posted him to Nagalapuram (Operation) i.e., field work side. Hence, he filed the present writ petition. 3. On the last hearing date, the party-in-person stated that he underwent ‘Coronary Angiogram’ operation and that he made a representation, dated 23.05.2011, to respondent No.2 to transfer him to an office post either at Chittoor or at Tirupati on medical grounds. 4. Learned counsel appearing for the respondents contended that the transfers are effected duly taking note of the guidelines issued and there was no illegality in transferring the petitioner to Nagalapuram (operation) field work and hence, there are no grounds to interfere with the same. 5. As seen from the representation, dated 23.05.2011, of the petitioner, it is clear that he is suffering with heart ailment and he has been taking treatment in a corporate hospital at Chennai. Therefore, he requested respondent No.2 to post him in an office post either at Chittoor or at Tirupati so that it would be convenient for him to take treatment at Chennai. So respondent No.2 is directed to take appropriate decision on the representation, dated 23.05.2011, of the petitioner and pass necessary orders considering the health condition of the petitioner and thereafter, communicate the same to the petitioner. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. ______________________ JUSTICE K.C.BHANU 08th July, 2011. AMD THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.18299 OF 2011 Date:08.07.2011 AMD