IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWELFTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 12060 of 2008 Between: D. Syam Sunder Reddy S/o. Sanker Reddy Social Welfare Engineering Wing, A.P. Scheduled Castes Cooperative Finance Corporation, Kadapa District, A.P. ..... PETITIONER AND Andhra Pradesh Scheduled Castes Cooperative Finance Corporation Ltd., Rep. by its Vice Chairman & Managing Director, Hyderabad. .....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 an order or direction more particularly one in the nature of a writ of Mandamus declaring the action of the respondent in directing the Petitioner to attend Counseling for the purpose of transfer to the In Charge Executive Engineer on 12-6-2008 as per the Order of the Government in G.O. Ms.No. 134, Finance (W & M) Department, dt 9-5-2008 is arbitrary unreasonable and accordingly set aside the order of the Respondent in R.C.No. A2/10488/APSC/2008 dt. 9-6-2008 and consequently direct the respondent to continue the petitioner as in Charge Executive Engineer in Social Welfare Engineering Wing, Kadapa District. Counsel for the Petitioner:MR.K.MURALIDHAR REDDY Counsel for the Respondents: M.GANGA RAO(SC FOR APSCCFS,HYD) The Court made the following : ORDER: The petitioner is working as In-charge Executive Engineer in Kadapa branch of the first respondent-Corporation, in the Social Welfare Engineering Wing. By and large, the service conditions of the employees in the respondent-Corporation are governed by the provisions that are applicable to the Government employees, to the extent they are not covered by the specific rules. The Government imposed ban on transfer of employees, vide its order in G.O.Ms.No.154, dated 04.07.2007. The same was applied to the employees in the Corporation also. In the recent past, the Government issued G.O.Ms.No.134, dated 19.05.2008, lifting the ban, paving the way for transfers. In that context, the respondent addressed a letter, dated 09.06.2008, to the Executive Engineers working in various districts to attend the counselling proposed on 12.06.2008, for the purpose of effecting transfers. The petitioner challenges the proposed action of the respondent. He pleads that though the post is transferable, the situation obtaining as of now is that in 15 districts, the employees of the Engineering Wing are not being paid salaries, in view of the fact that they are all work charged. He contends that if he is transferred to a district where there are no resources for payment of salary, he will be subjected to hardship. Heard Sri K.Muralidhar Reddy, learned counsel for the petitioner, and Sri G.Ganga Rao, learned Standing Counsel for the respondent. The petitioner is holding the post of Executive Engineer may be on in-charge basis and working at Kadapa. No employee can either oppose transfer, or plead that he cannot be transferred to any other place. Hardships, if any, can be pleaded and necessary relief in terms of the transfer policy is generally granted. This case presents a typical situation. The opposition of the petitioner for transfer is not on account of any legal, or technical objections. The Engineering Wing of the respondent functions on work charge basis. The emoluments of the employees working in the wing have to be paid from the amounts earned towards supervisory charges on the works. A perusal of the letter, dated 23.05.2008, addressed by the respondent, discloses that in as many as 15 districts salaries for employees in the Engineering Wing are not being paid for the past 4 to 24 months. If the counselling is to result in transfer of the petitioner to any of the districts where salary is not being paid, he would certainly be subjected to hardship. Though the objection raised by the petitioner cannot be fitted into any settled principle or provision, it cannot be brushed aside as irrelevant. For the foregoing reasons, the Writ Petition is disposed of, directing that the respondent may go ahead with the counselling, but the transfer of the petitioner shall not be to any district where the employees in the Engineering Wing are not being paid the salaries. There shall be no order as to costs. ____________________ L.NARASIMHA REDDY, J Dt:12.06.2008 Note: Communicate operative portion by wire at party’s costs. (b/o) GJ