WP/24079/2006 of S. Limbadri, Vs Chairman AND Managing Director, on 22 December 2006

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

FRIDAY, THE TWENTY SECOND DAY OF DECEMBERTWO THOUSAND AND SIX

P R E S E N T

THE HON’BLE SRI JUSTICE N.V. RAMANA* * *

WP.No.24079 OF 2006

Between:

S. Limbadri s/o. Narayana, aged 42 years, 0cc.AAE (Electrical)O/o. Asst.Executive Engineer, [Civil] {AEE}NDPCL, Nirmal, Adilabad district. … Petitioner

Versus

The Chairman & Managing Director,NPDCL Warangal, Kazipet Rooad,Opp. REC Petrol Bunk, Chaitanyapuri,Hanamakonda & Ors. … Respondents Counsel for the Petitioner: Sri Y.S.Yella Nand GuptaCounsel for the Respondents: Sri Samineni Kishore THE HON'BLE SRI JUSTICE N.V. RAMANA

Writ Petition No.24079 of 2006

OR D E R :

This writ petition is filed to declare the action of therespondents in not relieving the petitioner from the third respondentunder the control of the first and second respondents to operationcircle, Nizamabad as AAE/SPM.Armoor, pursuant to the transferorders dated 19-5-2006 vide Memo.No.CEE/Z/NZB/DE (T)/PO/ADMD.No.213/2005, issued by the Chief Engineer, Electrical Zone,NPDCL, Nizamabad, as illegal, arbitrary and consequently to directthe respondents to relieve the petitioner forthwith as per transferorders and to pass such other suitable orders.

The Petitioner is an Electrical Engineer but he is working asAAE (Civil) at Nirmal Town, Adilabad district under the control ofsecond and third respondents. Though he was transferred in themonth of October 2006 from his originally appointed post of ElectricalEngineer, Nizamabad to the third respondent to work as CivilEngineer. While things stood thus, the petitioner made arepresentation to the third respondent seeking to transpose him asElectrical Engineer. Accordingly, the petitioner was transferred andreposting orders were issued by the Superintending Engineer andposted him to Armoor under the control of Assistant DivisionalEngineer/SPM/Nizamabad. Pursuant to the transfer orders dated 19-5-2006 vide Memo.No. CEE/Z/NZB/DE (T)/PO/ADMD.No.213/2005, issued by the Chief Engineer, Electrical Zone,NPDCL, Nizamabad, the second and third respondents have torelieve the petitioner but they failed to relieve the petitioner. Now thepetitioner in this writ petition is seeking to implement the orders of theChief Engineer vide Memo.No.CEE/Z/NZB/DE (T)/PO/ADMD.No.213/2005, dated 19-5-2006.

The respondent filed counter-affidavit stating that if thepetitioner is relieved there will be very serious dislocation of work andoperational difficulties will arise in the emergency and essential services. In view of that some of the officers were not relieved andmeanwhile the transfer orders are issued. In the case of oneMr.Srinivas Rao, whose transfer was effected, for which theexplanation from the Superintending Engineer (Operation)Nizamabad was called for and disciplinary proceedings was initiatedagainst him for violating the instructions and relieving Mr.SrinivasaRao.

When the matter came up today, the learned standing counselhas produced a memo dated 13-12-2006 wherein the NorthernPower Distribution Company of AP Limited has taken a policydecision to cancel all transfer orders issued as per transfer guidelinesdated 09-5-2006. Having regard to the fact that NPDC has taken apolicy decision vide Memo.No.CGM(HRD)/GM/(S)/AS-1/781PO.VOS, dated 13-12-2006 to cancel all transfers as per transferguidelines dated 09-5-2006 and also in view of the fact that therespondent-authorities has called for the explanation from theSuperintending Engineer (Operation), Nizamabad and initiateddisciplinary proceedings against him for violating the instructions andrelieving one Mr.Srinivas Rao, who was transferred, I see no reasonto interfere with the action of the respondents 2 and 3 in not relievingthe petitioner.

In view of the administrative problems, no relief can be grantedin view of cancellation of all transfers.