IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 3836 of 2008 Between: P.Veer Raju S/o.Somaiah Visakhapatnam Port Trust R/o.Visakhapatnam , Visakhapatnam District ..... PETITIONER AND 1 Visakhapatnam Port Trust, Rep.by its Chairman Visakhapatnam- 530035 2 The Chief Mechanical Engineer, Visakhapatnam Port Trust Visakhapatnam-530035 .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an order or direction or writ specially writ of certiorari a. to call for the records relating to and connected with impugned order No.QCME/MOF/E.II/446 dated 19.2.2008 of the Chief Mechanical Engineer, Visakhapatnam Port Trust, and quash or set aside the same by declaring the said impugned order as arbitrary, illegal, and violative of Articles 14 and 16 of the Constitution of India and b. consequently direct the respondents not to transfer the petitioner from the Motor Vehicles Section (shore) to off Shore Tanker terminal (OSTT) and continue the petitioner in Motor Vehicle section (shore) duties only with all consequential benefits. Counsel for the Petitioner:MR.ABHINAND KUMAR SHAVILI Counsel for the Respondents: MR.P.SRI RAGHU RAM The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 3836 of 2008 ORDER: The petitioner was initially appointed as a Greaser in the year 1979 in the Visakhapatnam Port Trust. He was promoted to the post of Driver in the year 1981 and to Grade-I of that post in the year 1984. Further promotion to the post of Charge Hand took place on 05.06.2002. All through, the petitioner worked in the motor vehicles section, on the shore. Vide orders, dated 19.02.2008, the respondents transferred the petitioner to Off Shore Tanker Terminal, as Charge Hand. The petitioner challenges the same, on several grounds. It is contended that the petitioner does not know swimming and the posts in the Off Shore are meant only for those, who are proficient in swimming. He contends that for the post of Kalasi, which is the feeder post to Greaser, proficiency in swimming is one of the qualifications and since the petitioner was never subjected to such a test, he cannot be required to discharge the functions in the off shore. It is also urged that the lack of proficiency in swimming would expose the petitioner to danger. Heard Sri Abhinand Kumar Shvaili, learned counsel for the petitioner and Sri P.Sri Raghu Ram, learned Standing Counsel for the respondents. Ever since he was appointed in the year 1979 as Greaser, the petitioner has been discharging his duties in the motor vehicles Section on shore, in one capacity or the other. It is for the first time that the petitioner is entrusted with the off shore duties. The apprehension of the petitioner is that the replacement of under water pipeline needs skill in swimming and since he does not know swimming, he may not be able to discharge the functions, apart from being exposed to deadly risk. In view of the apprehension expressed by the petitioner, learned Standing Counsel was directed to obtain instructions as to the nature of duties, that would be entrusted to the petitioner. It is represented that the petitioner would not be required to dive into the water and that he would be required to remain in the vessel itself. In view of this undertaking given by the respondents, the apprehension expressed by the petitioner cannot be said to be well founded. Further, the post of Charge Hand carries with it the duties of both off shore and on shore. Hence, the writ petition is disposed of, recording the statement made on behalf of the respondents, to the effect that the petitioner would not be required to dive into the waters. It is made clear that this order shall not be treated as a precedent, in the context of entrusting duties to the employees of the respondents. There shall be no order as to costs. _________ 14.03.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 3836 of 2008 Date: 14.03.2008 JSU