WP/27320/2005 of S.V.Reddy, Vs The Personnel Officer, APSRTC, Nalgonda Region on 26 December 2005

O R D E R:

The petitioner has been appointed as Driver in Nagonda region of APSRTC andwas initially posted in different depots in the same region. Subsequently, he hasbeen transferred to Hyderabad City region. He states that on account of thetransfer, outside the region, in which he was appointed, he is subjected to greathardship, and seeks appropriate directions for his restoration, to the Nalgondaregion.

Heard the learned counsel for the petitioner and learned standing counsel forthe respondents.

On behalf of the petitioner and respondents, several contentions have beenadvanced.

It is not in dispute that the region is the unit of appointment for the posts ofDrivers and Conductors. They can be transferred within the region, dependingon the need. However, it is also competent for the Corporation to transfer themfrom one region to another. Such transfers must be effected objectively by thecompetent authority. By and large, the transfer of daily-wage Drivers or Conductors cannot be resorted to indiscriminately. It isnot as if the Corporation is under obligation to provide employment to them oneveryday. They have to be engaged only as and when the work exists. If theyare willing to wait for their turn, they cannot be compelled to report to the otherregions. Apart from the legality involved in such matters, the inconvenience andthe hardship of the employees also need to be taken into account. When thevery engagement is on daily wage basis, compelling them to have their ownfamily establishments, at various places, that too, for only certain periods,would have its own impact on their own lives.

While the Regional Manager has absolute power to effect transfers within hisregion, he cannot be permitted to transfer the employees from his region toanother region. It is only the Executive Director, or any other competent authority, at the State level, that can pass such orders. It is a different thing, ifthere exists necessary orders from the competent authority and the same areimplemented by the Regional Manager.

For the foregoing reasons, the writ petition is allowed, directing that thepetitioner shall be restored to the region, in which he has been appointedinitially, within a period of six weeks from the date of receipt of a copy of thisorder. If the transfer of the petitioner, outside the region, becomes inevitable,the competent authority shall follow the rule of seniority, and except in caseswhere the persons at the bottom of seniority list have come to the concernedregion by foregoing their seniority in other regions, the selection of Drivers, ontransfer, shall always be from the bottom of the seniority list. There shall be noorder as to costs.

26[th] DECEMBER, 2005.

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(L.NARASIMHA REDDY, J)

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