IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION No:26598 of 2003 Between: 1 A.Ramu, S/o Venkatappa working in Anantapur APSRTC Depot and R/o Anantapur, Anantapur Dist., 2 G.Sreenu, working in Anantapur APSRTC Depot and R/o Anantapur, Anantapur Dist., ..... PETITIONER(S) AND 1 The Regional Manager APSRTC, Anantapur Region,Anantapur. 2 The Depot Manager, APSRTC, Anantapur Depot,Anantapur. .....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 a writ of mandamus, or any other appropriate writ, order or direction, declaring the action of the respondents herein in transferring the petitioners from Anantapur Division to Hindupur Division as if they opted vide proceedings AM(P)/785(5)/2003, RM(A), Anantapur dt.20-09- 2003 as illegal, unjust and arbitrary, contrary to the service regulations of the APSRTC and as such liable to be set aside in the interest of justice with a consequential directing to continue the petitioners at Anantapur Depot by counting their seniority at Anantapur Division. Counsel for the Petitioner: MR.S.M.SUBHAN Counsel for the Respondent No.: SMT.W.V.S.RAJESWARI The Court made the following : THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION No:26598 of 2003 ORDER: The writ petition is filed seeking a Mandamus to declare the action of the respondents herein in transferring the petitioners from Anantapur Division to Hindupur Division as if they opted vide proceedings No.AM(P)/785(5)/2003, RM(A), Anantapur, dated 20-09-2003. Heard the learned counsel for the petitioners and learned counsel for the respondents. There are two writ petitioners namely A.Ramu and G.Sreenu. The 1st petitioner was appointed as Driver in the respondent-Corporation in the year 1990 at Anantapur Division and his services were regularized in Anantapur region and during options for the retention of his seniority, he opted for Anantapur Division. Accordingly, he is continuing at Anantapur Depot and his seniority is counted in Anantapur Division. Since 1990, there is no change of his seniority though he worked some period at Dharmavaram Depot, which comes under Hindupur Division. The 2nd petitioner was appointed as Driver and continuing at Anantapur Depot as his services were regularized in Anantapur Division as early as in the year 1994. While so, the respondents herein issued the impugned orders stating that he also opted for Hindupur Division and he would report at Hindupur Division. It is also submitted that they opted for Hindupur Division and the same was cancelled as early as in the year 1992 and after that at no point of time, they never opted for Hindupur Division and there is no such options furnished by them since, 1994. Therefore, the present writ petition is filed. On behalf of the respondents, a counter affidavit has been filed, wherein it is stated that the 1st petitioner was appointed as Casual Driver in the combined Ananthapur Division and posted to Ananthapur Depot w.e.f. 28.3.1990. Later, he was appointed as Driver Gr.II on time Scale w.e.f. 1.8.1990 and posted to Gooty Depot. He was again transferred to Dharmavaram Depot w.e.f 19.8.1991 at his own request. The combined Ananthapur Division was bifurcated into Ananthapur and Hindupur Divisions w.e.f 16.7.1991 for the administrative convenience, duly allotting Ananthapur, Gooty, Guntakal, Kalyandurg, Rayadurg and Tadipatri Depots to Ananthapur Division and Dharmavaram, Hindupur and Kadiri Depot to Hindupur Division. Option facility was provided to all the Divisional Seniority cadre employees including Driver category working in the combined Anantapur Division to opt either of the Divisions (Anantapur or Hindupur Division) at their choice, vide Circular No.P2/367(5)/91-RM-C, dated 1.8.1991 of the then Regional Manger, Cuddapah. The 1st petitioner who was working at Dharmavaram Depot opted for Anantapur division. While considering the transfer of the 1st petitioner from Dharmavaram Depot of Hindupur Division to Depots of Anantapur Division, as per option exercised by him, the then Regional Manager, Cuddapah vide order No.E2/367(5)/91-RM-SKDR, dated 13.4.1991, permitted certain employees to cancel their option exercised by them earlier, consequent to the formation of Hindupur Division and retained at the Division in which they are working as a special case, at their request. Sri A.Ramu, 1st petitioner is one among such employees who was retained at Hindupur Division. The request of the 1st petitioner was considered by the then Regional Manager, Cuddapah and he was retained at Hindupur Division though initially opted to Anantapur Division. During the year 1994, Anantapur region was formed from Cuddapah Region duly cancelling the Divisional set-up and all the divisional cadre posts have become regional cadre posts. Accordingly, transfers were affected to the employees to any of the depots of newly formed Anantapur Region, irrespective of the Division to which they belonged. At that time Sri A.Ramu was given transfer to Anantapur on 23.2.1997 at his own request though he belonged to erstwhile Hindupur Division. It is also submitted on representations of the Unions of APSRTC, implementation of integrated seniority was kept in abeyance in Anantapur region and erstwhile divisional seniorities were maintained in Anantapur region as per circular No.PD-12/1995, dated 15.2.1995. As per Circular No.PD21/99 dated 4.3.1999 and Circular No.PD-93/99, dated 14.10.1999, instructions were issued to maintain erstwhile divisional seniority in respect of employees appointed prior to 14.11.1994 i.e. prior to formation of Anantapur region for all the purposes including placement. Accordingly, all the Drivers, who are working at the depots other than the division they belonged to, were transferred to their respective divisions. As the 1st petitioner belonged to Hindupur Division, but working at Anantapur Depot of Anantapur Division was transferred to Hindupur division vide office order No.P4/813(36)/2002-RM-A dated 25.2.2003. Questioning the same, the petitioner filed the writ petition No.9628 of 2003 dated 21.7.2003 earlier which was ordered to consider the representation of the petitioner made to Regional Manager, Anantapur. Accordingly, the petitioner’s representation was examined in terms of the Circular instructions issued from Head Office and orders were passed vide proceedings No.AMP/785(5)/2003-RM-A dated 20.9.2003 confirming the transfer of Sri A.Ramu, Driver from Anantapur Depot to Hindupur Depot. As far as the 2nd petitioner is concerned, he was appointed as Casual Driver in the combined Anantapur Division and posted to Anantapur Depot w.e.f 12.5.1989. Later, he was appointed as Driver Gr.II on regular time scale w.e.f 1.2.1990 and posted to Tadipatri Depot. He was again transferred to Kadiri Depot w.e.f 16.7.1991. He was working at Kadiri Depot and opted to Anantapur Division. While considering his transfer from Kadiri Depot of Hindupur Division to Anantapur Division Depots, according to the option exercised by him, the then Regional Manager, Cuddapah, vide order No.E2/367(5)/91-RM-SKDR dated 13.4.1992, permitted certain employees to cancel their option exercised by them earlier consequent to formation of Hindupur Division and retained at the Division in which they are working as a special case, at their request, and the 2nd petitioner is one among such employees, who was retained at Hindupur Division. The request of the 2nd petitioner was considered by the then Regional Manager, Cuddapah and he was retained at Hindupur Division, though he opted for Anantapur Division. During the year 1994, Anantapur Region was formed from Cuddapah Region duly cancelling the Divisional setup and all the Divisional cadre posts have become Regional cadre posts. Accordingly, transfers were given to the employees to any of the depots of the newly formed Anantapur Region, irrespective of the Divisions to which they belonged. At that time, the 2nd petitioner was transferred from Kadiri Depot to Anantapur Depot w.e.f 5.2.1997 at his own request, though he belonged to erstwhile Hindupur Division. It is also stated that the 2nd petitioner belongs to Hindupur Division, but working at Anantapur Depot of Anantapur Division, transferred to Hindupur Division vide proceedings dated 25.2.2003. Questioning the same, the petitioners filed W.P.No.9628 of 2003, which was disposed of by this Court directing the respondents to consider the case of the petitioners. It is also stated that in compliance of the order passed by this Court in the above writ petition, the case of the petitioners were examined in the light of the instructions issued vide Circulars dated 4.3.1999 and dated 14.10.1999 and the proceedings dated 20.9.2003, confirming the transfer order issued vide order dated 25.2.2003 transferring them from Anantapur Division to Hindupur Division. The learned counsel for the petitioners submitted that there is a policy according to which the employees shall have to work within the division to which they belong. In the instant case, basically, both the petitioners belong to Hindupur Division. Therefore, the circulars issued by the Corporation show that the employees shall have to work within the division to which they belong. Therefore, it is policy, which stipulates the petitioners have no right to work at Anantapur Division. Now, the Anantapur Division is a separate Division. In the instant case, the petitioners belong to Hindupur Division, therefore, as per the circulars issued by the Corporation, they were transferred from Anantapur Division to Hindupur Division and they do not have any right and there is no violation of any rules of the Corporation. Therefore, she submits that there are no merits in the writ petition. Having regard to the submissions made in the writ petition and also the averments made in the counter affidavit that as per the policy of the Corporation, and the circulars issued, the employees shall have to work within their divisions. In the instant case, both the petitioners working at Hindupur Division but they were initially transferred to Anantapur Division. Therefore, considering their case, in compliance of the order passed by this Court in W.P.No.9628 of 2003, they have been transferred from Anantapur Division to Hindupur Division. Either the policy of the Corporation or the circulars contained therein have not been challenged in the instant case. Basically, it appears that it is a case of transfer from one Division to another Division to which the petitioners belong. Therefore, I do not see any merits in the writ petition and the same is accordingly dismissed. No costs. ____________________ Justice G. Chandraiah Date:23.06.2008 mrb