IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 12476 of 2009 Between: A.Nageswar Rao S/o. A.Chinnaiah Singareni Collieries Co.Ltd Ramagundam Divsion-I Karimnagar District ..... PETITIONER AND 1 The Chief General Manager Ramagundam Area-I Singareni Collieries Company Ltd Ramagundam-1 Karimnagar District 2 The Deputy General Manager(PERS) Ramagundam Area-I Singareni Collieries Company Ltd Ramagundam-1,Godavari Khani Karimnagar District .....RESPONDENTS 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 a writ ,order direction more particularly one in the nature of writ of Certiorari calling for the records relating to Ref No RG.1/PER/19/3429/ dated 18-06-2009 passed by the 2nd respondent in transferring the petitioner to work in the case Mine/Dept at the fag end of his Service arbitrary illegal unjust and also and after perusing the impugned Ref No R.G.I/PER/19/3429 dated 18-06-2009 passed by the 2nd respondent quash the same and consequently direct the respondents to follow the conditions mentioned in the agreement dated 03-03-1989 and with all consequential benefits or other wise petitioner will suffer serious loss and great hardship. Counsel for the Petitioner: MR.CHALLASIVASANKAR Counsel for the Respondents: MR.NANDIGAM KRISHNA RAO The Court made the following: HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO Writ Petition No.12476 of 2009 ORDER: The writ petitioner, who is working as a Chargehand with the Singareni Collieries Company Limited, has instituted this writ petition challenging the Office order passed on 18.06.2009 by the Deputy General Manager (Personnel) of the Singareni Collieries Company Limited transferring and posting him to Godavarikhani - 11, Mine/Department Area of the Singareni Collieries. The learned counsel for the petitioner would submit that the petitioner has been promoted as a Chargehand on 09.09.1993 and ever since, he has been functioning as a Chargehand, and all through his service of nearly 30 years, he had worked at various establishments/offices of the Singareni Collieries and that he has never worked in any office or establishment of Mine or Department where one is required to work underground. On the previous occasion, the writ petitioner has instituted W.P.No.287 of 1999 complaining against the action of the respondent-Singareni Collieries in not releasing his increments and other incidental service benefits that normally flow from his promotion as a Chargehand. The said writ petition came to be dismissed by a learned single Judge of this Court on 24.06.2005 holding that the order passed by the first respondent on 09.09.1993 cannot be said to be either arbitrary or illegal. It is not in dispute that while promoting the writ petitioner as Chargehand on 09.09.1993, a condition has been incorporated that he must acquire Certificate of Competency of Electrical Supervisor with Mines Installation. Until and unless one acquires such a qualification, the benefits of regular promotion as a Chargehand itself will not accrue and it would also come in the way of the writ petitioner getting considered for promotion to the next higher category. On one hand, the writ petitioner has been complaining that he has never been provided with any opportunity to acquire the said Certificate of Competency of Electrical Supervisor with Mines Installation, as Singareni Collieries had failed to expose him to the working environment of Mines or underground Departments. All that the impugned order had attempted at is posting him to such an area today. It is therefore a perfectly legitimate administrative exercise carried out by the Singareni Collieries Company Limited. On the ground that the writ petitioner has already become 54-year old man, he cannot resist the transfer order. No material has been placed before this Court to arrive at a reasonable conclusion that 54-year old personnel either cannot be posted to any Mine or a Department which is underground or that persons who are 54 years of age cannot function in Mines or Installations. I therefore do not see any reason, much less justifiable one, to interfere with the order of transfer, particularly when all the existing benefits and conditions of service are preserved and protected. The writ petition is dismissed, at the admission stage. No costs. ________________________ Nooty Ramamohana Rao, J Dt.26.06.2009. VGB