THE HON'BLE SRI JUSTICE A. GOPAL REDDY & THE HON'BLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT APPEAL NO.1784 OF 2008 Dated: 09.11.2010 Between: Chief General Manager, A.P. Telecom. ..Appellant And 1. K. Sivaji Rao .. Respondent. THE HON'BLE SRI JUSTICE A. GOPAL REDDY & THE HON'BLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT APPEAL NO.1784 OF 2008 ORDER: (Per Hon’ble Sri. Justice A. Gopal Reddy) When the WVMP No.2546 of 2009 is taken up for hearing, both the Counsel while representing that the issue involved in the appeal is very short, consented to dispose of the main writ appeal. The above writ appeal has been filed by the Telecom Department challenging the order, dated 16.12.2008 passed by the learned single Judge in W.P.No.21334 of 2008. Originally, the respondent herein filed the above writ petition challenging his transfer order No. TA/STB/18/24/JTOs Request Transfer/AP/1/24, dated 13.8.2008 transferring him from Hyderabad Cellone to Karimnagar Cellone. It is the case of the writ petitioner that as per the list circulated about the long standing option, dated 15.4.2008, his name was not found place and no option was also given to him. But, his name was listed in the Transfer List and therefore, his transfer is contrary to the policy adopted by the Department. The learned single Judge having observed that the petitioner is aged about 57 years and that those who cross the age of 58 years are entitled to be retained at the place of their choice and the petitioner is having only two years of service and his health does not permit him to go to Karimnagar Circle, directed the Department to retain the writ petitioner and consider him in any of the vacancies available in SSA, Hyderabad, as there are as many as 125 vacancies available in SSA, Hyderabad, or accommodate him where he worked earlier forthwith. Aggrieved by the same, the Department filed the present writ appeal. On 24.12.2008, while admitting the writ appeal, this Court stayed the operation of the order of the learned single Judge. The writ petitioner having joined in the new station viz., Karimnagar filed WVMP NO.2546 of 2009 seeking to vacate the interim stay. Heard the learned Counsel and perused the material available on record. It is a settled proposition of law, Transfer of employee, is not only an incident but a condition of service, unless shown to be an outcome of malafide exercise of power or violative of any statutory provision, not subjected to judicial interference as a matter of routine. Further guidelines do not confer legally enforceable right. According to the transfer policy, a person who cross the age of 58 years are entitled to be retained at the place of their choice. Admittedly, the petitioner has not crossed 58 years and his case is not covered under the policy in question. Only the persons, who cross the age of 58 years are entitled to be retained at the place of their choice and therefore, the petitioner is not entitled to be retained at his choice. Merely because the vacancies are available in SSA, Hyderabad, the petitioner will not have any right to be accommodated at the place of his choice contrary to the policy. In the above circumstances and in view of the fact that the writ petitioner has already joined at Karimnagar, we feel that the very cause in the writ petition does not survive and thereby, issuance of direction to retain the petitioner and consider him in any of the vacancies available in SSA, Hyderabad or to accommodate him where he worked earlier as did by does not arise and the writ petition is liable to be dismissed. At this stage, the learned Counsel for the respondent-writ petitioner submitted that the writ petitioner now crossed 58 years of age. Considering the above representations, we permit the writ petitioner to make a representation to the appellant-Department indicating his place of choice, within a period of two weeks from today. On such representation being filed, the appellant-department shall consider the same in accordance with the policy in existence and pass appropriate orders within a period of four weeks thereafter and communicate the same to the petitioner. The writ appeal is accordingly allowed modifying the order passed by the learned single Judge disposing the writ petition. _______________________ Justice A. Gopal Reddy ____________________________ Justice Ashutosh Mohunta Date: 9.11.2010 Nn THE HON'BLE SRI JUSTICE A. GOPAL REDDY & THE HON'BLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT APPEAL NO.1784 OF 2008 (Order delivered by the Hon’ble Sri Justice A. Gopal Reddy) Dated: 9.11.2010