HONOURABLE SRI JUSTICE K.C.BHANU WRIT PETITION No.15551 of 2011 Date of Order:10.06.2011 Between: I.Srinivasulu ..Petitioner and The Southern Power Distribution company of A.P.Limited, and others ..Respondents The Court made the following Order: HONOURABLE SRI JUSTICE K.C.BHANU WRIT PEITTION No.15551 of 2011 ORDER :- This writ petition is filed by the petitioner to declare the action of the 1st respondent in not considering the case of the petitioner for request transfer to Nellore circle though he is fully eligible as he has completed five years of stay in the present circle and he is entitled to be considered for transfer to Nellore circle as per the transfer guidelines issued by the 2nd respondent vide proceedings Memo No.CMD/SPDCL/CGM(HRD)/DS/AS-I/PO(Adm)/D.No.1040/11, dated 22.05.2011. 2. The petitioner was appointed as Assistant Engineer in A.P.S.E.B. in the year 1996 and subsequently promoted as Assistant Divisional Engineer in the year 2005 and has been working as such at the Ongole Circle in different divisions. It is his case that the petitioner underwent Heart Surgery and doctors advised him to work near to the place where best medical facilities are available; that his two male children are studying in 10th and 9th class at Nellore; that his family members and his old parents are residing at Nellore; that the mother of the petitioner was also suffering from kidney disease and she requires continuous medical care at Nellore. It is further submitted that the 2nd respondent issued guidelines vide proceedings Memo, dated 22.05.2011, and directed the Subordinate Officers to effect transfers strictly according to the guidelines issued by him and as per para 9 of the guidelines of the 2nd respondent, if any request for request transfer is made by an eligible employee, the same has to be considered by transferring another long standing employee of other circle to accommodate the employee who made requisition for request transfer to the particular circle. It is his case that since the petitioner underwent heart operation and as he requires constant medical care and he has also to provide medical facilities to his old mother, he made a requisition by way of representation on 21.03.2011 to the 1st respondent through proper channel requesting him to consider his case for transfer to Nellore circle as the required medical facilities are available only at Nellore. It is further submitted that the 1st respondent is taking steps to finalise the request transfers by 10th June and it is learnt that the 1st respondent is not considering his case for request transfer though he is entitled for the same, as he has completed more than five years of stay in the present circle and that there are four employees in the Nellore circle who are liable to be transferred as they have completed 10 years of stay, but in spite of clear instructions by the 2nd respondent to the 1st respondent by way of guidelines, the 1st respondent is not acting upon the instructions of the 2nd respondent and not considering the case of the petitioner for request transfer to Nellore circle. Hence, the writ petition. 3. No doubt, the petitioner has no right to seek transfer to a particular circle. But at the same time, it is for the 1st respondent to take appropriate decision in effecting the transfer of an employee with reference to the guidelines and statutory rules. For that purpose the petitioner made a representation, dated 21.03.2011 to transfer him to Nellore circle on humanitarian and health grounds. Appropriate decision has to be taken by the 1st respondent in accordance with the rules and regulations. 4. Hence, the Writ Petition is disposed of directing the 1st respondent to take appropriate decision on the representation of the petitioner, dated 21.03.2011, and pass necessary orders therein as per the guidelines with regard to the transfer of an employee. There shall be no order as to costs. ______________ K.C. BHANU, J June 10, 2011 lmv HONOURABLE SRI JUSTICE K.C.BHANU WRIT PETITION No.15551 of 2011 Date: 10.06.2011 LMV