IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 21334 of 2008 Between: K.SIVAJI RAO, S/o. Late nagabhushanam, O/o. G.M.Mobile Services, C.T.O. Compound, Secunderabad. ..... PETITIONER AND The Chief General Manager, A.P. Telecom, B.S.N.L.Door Sanchar Bhavan, Opp: Annapurna Hotel, Abids, Hyderabad-1 .....RESPONDENT 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 or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents without maintianing the Long Standing Seniority List of Junior Telecom Officers in the A.P.Circle before effecting the transfer of the petitioner vide Letter No.TA/STB/18/24/JTOs Request Transfer/AP/1/24, Dt. 13-08-2008, as illegal, arbitrary, unjust, unfair and violative of Principles of Natural justice and consequently direct the Respondent to jproduce the Long Staidng Seniority List of Junior Telecom Oficers in the A.P.Circle before effecting the transfers vide Lr.no.TA/STB/18/24/JTOs Request Transfer/AP/1/24, Dt. 13-08-2008. Counsel for the Petitioner:MRS.SATYAVATHI DITTAKAVI Counsel for the Respondent : MR.B.DEVANAND The Court made the following : THE HON’BLE SRI JUSTICE C.V. RAMULU W.P. No. 21334 of 2008 O R D E R: This writ petition is filed seeking a Mandamus to declare the action of the respondents in effecting the transfer of the petitioner vide letter No.TA/STB/18/24/JTOs Request Transfer/AP/1/24 dated 13.8.2008 without maintaining the longstanding seniority list of Junior Telecom Officers in the A.P. Circle as arbitrary, illegal and violative of principles of natural justice. Consequently, to direct the respondents to produce longstanding seniority list of Junior Telecom Officers before effecting transfers. While admitting the writ petition on 26.9.208, status quo as on that date was directed to be maintained as to the status of the petitioner, until further orders. Now a vacate stay petition is filed seeking to vacate the said order. There is no necessity of going into all the details. The fact that the petitioner is aged about 57 years is not in dispute. It is also not in dispute that those who cross the age of 58 years are entitled to be retained at the place of their choice. However, according to the petitioner, he is having only two years’ of service and his health does not permit him to go to Karimnagar Circle. Earlier, after hearing for sometime, learned counsel for the respondent was directed to get instructions as to how many vacancies are available at Hyderabad SSA. In the additional counter filed, the respondent has categorically stated that there are asmany as 125 vacancies available in SSA, Hyderabad itself. Further, it appears, the intention of the respondent is that unless there is a positive direction, the petitioner cannot be retained though vacancies are available. Under these circumstances, the writ petition itself is disposed of directing the respondents to retain the petitioner and consider him in any of the vacancies available in SSA, Hyderabad or accommodate him where he worked earlier, forthwith. C.V. RAMULU, J. Date: 16-12-2008. Note: C.C. in two days. (BO) MVB