Telangana High Court
WP/22469/2004 of P. Nanda Gopa, Vs Andhra Pradesh State Road Transport Corporation, on 31 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 22469 of 2004 Between: P. Nanda Gopa, S/o. P. Rama Murty, A.P.S.R.T.C., R/o. 16-9-809,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE K.C. BHANUWRIT PETITION NO : 22469 of 2004
Between:
P. Nanda Gopa, S/o. P. Rama Murty,
A.P.S.R.T.C., R/o. 16-9-809, Old Malakpet, Opp. Water Pump House, Hyderabad.
..... PETITIONER
AND
1 Andhra Pradesh State Road Transport Corporation, Represented by its Vice Chairman & Managing Director Musheerabad, Hyderabad.
2 Director (Vigilance & Security), A.P.S.R.T.C., Musheerabad, Hyderabad.
3 Asst Director (Vigilance & Security), A.P.S.R.T.C., Vizianagaram Zone, Vizianagaram.
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toissue an order direction or writ particularly one in the nature of writ of Mandamus orany other appropriate writ (i) declaring the proceedings No. Sd.1/255(9)/2004-P.O.IIdated 04-09-2004 issued by the Director, Vigilance & Security as illegal andarbitrary; (ii) declaring the proceedings No.SD1/255(9)/2004-PO-II dated 09-10-2004of the Vice Chairman & Managing Director rejecting the request of the petitioner isillegal and arbitrary; and (iii) consequently direct the respondents to retain thepetitioner as Chief Security Inspector at Hyderabad by setting aside the proceedingsNo. Sd.1/255(9)/2004-P.O.II dated 4-9-2004 including the proceedings No.SD.1/255(9)/2004-P.O.II dated 9-10-2004.
Counsel for the Petitioner: MR.G.VIDYASAGAR
Counsel for the Respondents: MR.V.T.M.PRASAD (S.C. for APSRTC).
The Court made the following :
THE HON’BLE SRI JUSTICE K.C.BHANU
WRIT PETITION NO.22469 OF 2004
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ORDER:
The Writ Petition is filed challenging the proceedings dated 04-09-2004 issued bythe 2[nd] respondent.
The learned Counsel for the petitioner contended that he was promoted as ChiefSecurity Inspector vide proceedings dated 12-06-2004 and on promotion he wasposted at Vigilance & Security Office, Hyderabad Zone Office. But, immediately afterthree months he was issued with proceedings dated 04-09-2004 transferring him toVijianagaram Zone. Since the petitioner is having only seven months of service,posting him to Vijianagaram is unjust and arbitrary.
On the other hand the learned Counsel for the respondents contended that it ispurely an administrative transfer and there are no grounds to interfere with the same.
There cannot be any dispute that transfer is not only incidence of service, but alsoone of the service conditions. No doubt, the petitioner was transferred to Hyderabadvery recently, but at the same time due to administrative reasons the petitioner wastransferred to Vijianagaram along with the sanctioned post. The contention that thepetitioner is only having seven months of service cannot be a reasonable ground todeclare the impugned proceedings as illegal. It is not a case of transferring the WritPetitioner in violation of law and statutory rules.
Hence, the Writ Petition is devoid of merits and accordingly dismissed at the stage ofadmission. No costs.
Dated 31-12-2004.
SKMR
____________
K.C.BHANU, J.
.,m.
To
1 Vice Chairman & Managing Director, Andhra Pradesh State Road Transport Corporation, Musheerabad, Hyderabad.
2 Director (Vigilance & Security), A.P.S.R.T.C., Musheerabad, Hyderabad.
3 Asst Director (Vigilance & Security), A.P.S.R.T.C., Vizianagaram Zone, Vizianagaram.
4. 2CD copies