WP/25974/2005 of A.V.V. Ramaiah Vs The APSRTC., on 29 December 2005

ORDER:

The petitioner is a conductor in first respondent-Corporation. Through proceedingsdated 15.11.2005, the first respondent transferred him from Vishakapatnam toanother depot treating him as the junior most conductor of Vishakapatnam.Petitioner states that his initial appointment was in the Vishakapatnam region wayback in the year 1978 and thereafter, he was transferred to East Godavari. Hecontends that he has been re-transferred to Vishakapatnam and notwithstanding hislong service he is being treated as junior most.

The learned Standing Counsel, on instructions, submits that the initial transfer ofpetitioner from Vishakapatnam to East Godavari and subsequent transfer from EastGodavari to Vishakapatnam were at the request of the petitioner and that he hasforegone his seniority on both the occasions.

The impugned order proceeded on the footing that the petitioner is one of the juniormost conductors in the Vishakapatnam depot. Together with him several otherswere also transferred. The question as to whether the petitioner lost his senioritywhen he was transferred from one place to another, needs to be considered in thisregard. If the transfer was at his request on the condition of foregoing the seniority,no exception can be taken to the impugned order. On the other hand, if it is on theadministrative grounds, the matter needs to be reconsidered. Petitioner alreadymade representation on 22.11.2005. The first respondent can consider the sameand pass appropriate orders.

Hence, the writ petition is disposed of directing the first respondent to consider therepresentation dated 22.11.2005 submitted by the petitioner and pass appropriateorders within a period of four weeks from the date of this order. No order as to costs.

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29.12.2005

Note:

Issue c.c. in one week.B/oMdaa.