HONOURABLE SRI JUSTICE K.C.BHANU WRIT PETITION No.16101 of 2011 Date of Order:14.06.2011 Between: Ch.Nagubabu ..Petitioner and Eastern Power Distribution Company of A.P. Ltd., Rep. by its Chairman & Managing Director and others ..Respondents The Court made the following Order: HONOURABLE SRI JUSTICE K.C.BHANU WRIT PEITTION No.16101 of 2011 ORDER :- This writ petition is filed by the petitioner seeking to issue a writ of Mandamus declaring the action of the respondents in transferring the peititoner from LT, Revenue, Visakhapatnam to ERO/Narsipatnam vide Memo No.SE/O/VSP/AD/A4/D.No.1537/2011, dated 07.06.2011 as illegal and arbitrary and consequently set aside the same. 2. The petitioner was initially appointed as L.D.C. in the year 1991 in the APSEB and later he was promoted as U.D.C. in the year 2003. While he was working as U.D.C./Administration circle office, Visakhapatnam, he was transferred and posted as U.D.C./LT Revenue, Visakhapatnam by the Superintending Engineer-2nd respondent vide memo No.SE/O/VSP/AD/A1/D.No.1295/2010, dated 07.06.2010 and he joined in the said post on 18.06.2010. Later, the 1st respondent issued Memo No.HRD/Estt/T/ F.No.1061/2011/D.NO.511/2011, dated 21.05.2011 issuing instructions for effecting transfers in super session of earlier instructions. As per the instructions issued in the memo, employees who are completing three years period in the present post/those completing five years period in the present station are to be transferred. As per clause 4(b) of the instructions employees who have put in less than two years in the present post need not be transferred even though they would be effected as per the transfer guide lines. As per the said clause, the petitioner need not be transferred as he was posted ot the present post only about a year back. Having come to know that the petitioner is going to be transferred from the present post, he made a representation, dated 21.05.2011 to the 2nd respondent to consider his case for retention in the present or to post him to any office within Visakhapatnam as his mother was suffering from ill health due to heart and sugar complaints and that she has undergone eye operation in the year 2010 and that she is not able to move without any assistance and his personal assistance is required to attend to her needs and that she needs regular medical treatment at Visahpatnam. However, the 2nd respondent without considering the representation of the petitioner, has issued impugned proceedings, dated 07.06.2011 transferring the petitioner from the present post to ERO/Narsipatnam. 3. No doubt the respondents have framed the guidelines, but they do not have any statutory force. It is for the purpose of effecting the smooth administration with regard to the transfer policy. Unless the transfer is vitiated by mala fides or arbitrariness or contrary to the rules, ordinarily this court would not interfere with the transfer of an individual from one station to another because it is for the administrative authority to see as to where the services of the candidates have to be utilised at a particular station. Therefore, there are no grounds to entertain the writ petition. However, considering the fact that the mother of the petitioner is suffering from ill health due to heart attack and sugar complaints; that she has undergone eye operation in the year 2010; that she is not able to move without any assistance; and that personal assistance is required to attend to her needs, the case of the petitioner has to be considered by the 2nd respondent with reference to the guidelines and R2 shall take appropriate decision on the representation made by the petitioner, dated 21.05.2011. 3. Hence, the writ petition is disposed of directing the 2nd respondent to take appropriate decision on the representation filed by the petitioner on 21.05.2011, duly taking note of the guidelines, within a period of two weeks from the date of receipt of a copy of this order. There shall be no order as to costs. ______________ K.C. BHANU, J June 14, 2011 Note: - Issue C.C. tomorrow. {B/o} lmv HONOURABLE SRI JUSTICE K.C.BHANU WRIT PETITION No.16101 of 2011 Date: 14.06.2011 LMV