IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF MARCH, TWO THOUSAND NINE PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.20391 of 2006 Between: Murthi Raju Chandra Sekhar Rao ..... Petitioner AND The Southern Power Distribution of Company of A.P., Limited, Nellore Division, rep., by its Superintending Engineer & others. .....Respondents Counsel for the petitioner : Smt. A. Bala Bharathi Counsel for the respondents: Sri G. Vidyasagar This Court made the following: THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.20391 of 2006 ORDER:- At the interlocutory stage, the writ petition is taken up for hearing and disposal with the consent of both the learned counsel. In this writ petition, the petitioner questioned his transfer as Line Inspector from Kavali division to Atmakur division. The main plank on which this challenge is made is that after taking options from the employees including the petitioner at the time of bifurcation of Kavali division, the petitioner, who was retained in Kavali division, is illegally transferred to Atmakur division contrary to the option given by him and accepted by the respondents. The petitioner averred that Udayagiri, which comes within the Atmakur division, to which place he was transferred, is 100 kms from Kovur, which is a part of Kavali division, in which the petitioner was working and that his transfer will adversely affect his domestic life. This writ petition was filed on 27.09.2006 and this Court, by order dated 28.09.2006, granted status quo as on that day. By virtue of the said order, the petitioner is continuing in Kavali division. At the hearing, Sri G. Vidyasagar, learned counsel for the vacate stay petitioners – respondents invited my attention to memo dated 05.07.2006, which contains the instructions governing options. Clause IX of the said memo provides that in case of shortage of manpower, junior most employees will be transferred to the new division as per requirements. In the counter affidavit, the respondents justified the petitioner’s transfer on the ground that after formation of Atmakur division, eight Line Inspectors were required and that six Line Inspectors, who were seniors in the list, opted for Kavali division and therefore six junior most Line Inspectors were to be transferred to the Atmakur division. It is further stated that the petitioner is one of the six junior most Line Inspectors, whose transfer has become inevitable. Inasmuch as the option was subject to the condition that in case of shortage of manpower, junior most employee will be transferred to the new division, the impugned order of transfer cannot be said to suffer from any illegality or arbitrariness. At any rate, the petitioner was permitted to retain at Kavali division for more than 2 ½ years during the pendency of the writ petition. Therefore, he is not entitled to any further relief. Learned counsel for the petitioner, however, submitted that as the academic year will come to an end by the end of April, 2009, the petitioner may be permitted to be retained at the existing place till April, 2009. Since I find this request reasonable, the writ petition is dismissed by permitting the respondents to give effect to the petitioner’s transfer from 01.05.2009. As a sequel to dismissal of the writ petition, WPMP.No.25802 of 2006 is dismissed and WVMP.No.3808 of 2008 is disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 25.03.2009 ES