THE HON’BLE SRI JUSTICE K.C.BHANU W.P.No.16325 of 2011 ORDER: Challenging the proceedings of the first respondent dated 07.06.2011 transferring the petitioner from ERO, Anakapalli to ERO, Narsipatnam by ignoring the senior most employees who are staying in the same place since more than 12 years who are under the control of the first respondent, the present writ petition is filed. 2. The brief facts that are necessary for disposal of the writ petition may be stated as follows: The petitioner is presently working as Lower Division Clerk at Yalamanchili Rural under the control of the Assistant Accounts Officer, E.R.O, APEPDC Limited, Anakapalli and drawing 10% HRA. It is the case of the petitioner that as per the rules, he was entitled to be transferred from rural area where HRA is 10% to urban area where HRA is more than 10% but unfortunately, he was transferred to E.R.O, Narsipatnam where the drawal of HRA is only 10%. The respondents issued guidelines for transfer of the employees during the year 2011 and 2012. Paragraph 2(a) of the said guidelines reads that employees completing three years period in the present post/those completing five years stay in the present station in the same cadre and completing ten years’ service in the present cadre and immediate junior cadre in present circle as on 30.06.2011 are to be transferred. Paragraph 4(g) reads that all the transfers are to be made from 20% H.R.A. stations to less than 20% H.R.A. stations to the extent possible. Paragraph 8 reads that transfers as per the guidelines are to be effected from the list drawn to the top incumbents limited to 30% of the cadre strength of each cadre of the unit. But, contrary to the guidelines issued by the respondents, the petitioner was transferred from ERO, Anakapalli to ERO, Narsipatnam. 3. Learned counsel for the petitioner contended that as per paragraph 4(g) of transfer guidelines issued during the year 2011-12, he cannot be posted to a station where H.R.A. is less than 20%, since for the last twenty years he was working in the agency areas where H.R.A. is 12% and therefore, the case of the petitioner falls under paragraph 4(g) of the guidelines. 4. On the other hand, learned standing counsel for the respondents contended that subject to seniority, eligibility and availability of the post, the case of the petitioner would be considered by the appropriate authority. 5. There cannot be any dispute that transfer of an employee is one of the incidents of service. The employee is liable to be transferred to any place. As a matter of right the petitioner cannot seek transfer to a particular place or places. Unless the transfer order is vitiated by mala fides or contrary to the rules or the person, who passed the order of transfer, has no jurisdiction, ordinarily, Courts would not interfere with the same. 6. The first respondent framed guidelines for effecting transfer of the employees from one station to another station during the year 2011- 12. Therefore, to the extent possible those guidelines have to be followed by the first respondent. Paragraph 4(g) reads that all the transfers are to be made from 20% HRA stations to less than 20% HRA stations to the extent possible. If there are no stations with less than 20% HRA, they may be transferred to 20% HRA posts. So, the first respondent has to transfer the employees in accordance with the guidelines keeping in view the existence of vacancy and also considering the seniority. The petitioner has made a representation to the first respondent on 28.05.2011 requesting to transfer him to a place where HRA is more than 12%. 7. Hence, the writ petition is disposed of directing the first respondent to pass appropriate orders in accordance with law on the representation dated 28.05.2011 made by the petitioner, duly taking note of the guidelines and also the availability of vacancies in any of the stations where employee gets 20% H.R.A. and subject to seniority, within a period of three weeks from the date of receipt of a copy of this order and thereafter, communicate the same to the petitioner. No costs. K.C.BHANU,J Dt. 15.06.2011 lvl THE HON’BLE SRI JUSTICE K.C.BHANU W.P.No.16325 of 2011 Dt. 15.06.2011