THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.17303 OF 2011 Dated:22.06.2011 Between: J.V.L.Satyanarayana .. Petitioner And The A.P.Non-Conventional Energy Development Corporation Limited, represented by its Vice Chairman and Managing Director, Nampally, Hyderabad and another .. Respondents THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.17303 OF 2011 ORDER: This Writ Petition is filed seeking to declare the action of the first respondent in transferring the petitioner vide proceedings No.NEDCAP/Pers/T&P/74/2011/737, dated 15.06.2011, even before completion of the minimum period of two years service at the present station and also without calling options from the petitioner on par with others, as illegal and arbitrary, and consequently, declare that the petitioner is entitled to continue at the present station by setting aside the impugned order dated 15.06.2011. 2. The brief facts that are necessary for disposal of the present writ petition may be stated as follows: The petitioner was initially appointed as Assistant Development Officer in the first respondent Corporation on 05.02.1987 and posted at Hyderabad. As it is a State-wide post, he worked at different places like Warangal, Anantapur, West Godavari and Adilabad Districts. While he was working at Adilabad, he got promotion as Executive Engineer. While he was working at Nalgonda District, he was transferred to Guntur vide proceedings, dated 10.07.2009, where he is presently working for the past two years. The Finance Department issued guidelines vide G.O.Ms.No.93, dated 19.05.2011, that the employees who have not completed two years of service shall not be disturbed. But, surprisingly, the petitioner herein was also transferred from the present working place i.e., from Guntur to Adilabad vide impugned proceedings, dated 15.06.2011, which is contrary to the guidelines of the said G.O. Hence, the writ petition. 3. The grievance of the petitioner is that neither he had completed three years tenure at the place where he is presently working, nor he was given an opportunity of choosing any of the best places in the available vacancies on par with other, and he was transferred to Adilabad District. 4. Learned counsel appearing for the petitioner contended that since the petitioner has served less than two years in the present station, he has not made any representation choosing three places of his choice; that surprisingly the impugned proceedings have been passed transferring him from Guntur to Adilabad, which is arbitrary and, hence, he prays to set aside the same. 5. Learned Standing Counsel appearing for respondent No.1 opposed the same on the ground that transfer of petitioner is in accordance with law. 6. Ordinarily, this Court would not interfere with the transfer orders, unless the transfer is contrary to the Rules or the authority concerned has issued the orders without having any jurisdiction or any mala fide is attributed to the concerned authority. The case of the petitioner does not fall under any one of the categories as stated above. Hence, the impugned proceedings cannot be challenged when it is not shown to be contrary to the Rules. However, the petitioner is relying upon G.O.Ms.No.93, dated 19.05.2011, and also the Circular, dated 18.04.2011, issued by the first respondent, wherein it is clearly stated that those who have completed three years service in the existing place may represent for transfer duly citing three stations in the order of preference. In view of the fact that the petitioner has not made any representation to the first respondent giving three places of his choice for the reason that he has not completed three years of service, the representation of the petitioner has to be considered. 7. Accordingly, the writ petition is disposed of directing respondent No.1 to take appropriate decision on the representation of the petitioner, dated 18.06.2011, and pass necessary orders thereon, according to the transfer policy, within a period of four weeks from the date of receipt of a copy of this order. There shall be no order as to costs. _______________ K.C. BHANU, J 22.06.2011 Note:- Issue C.C. within two days. (B/o) KH