R. Chandra Sekhar v. The Northern Power Distribution Company Ltd

HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO Writ Petition No. 19534 of 2016 Order:

The petitioner was initially appointed as Junior Lineman on compassionate grounds in the year 1998. He was promoted as Line Inspector in the year 2013. Since he possessed graduation he is entitled for conversion of his post from Line Inspector to Junior Assistant. He submitted a representation to the authorities for conversion from Line Inspector to Junior Assistant and in pursuance of the same an order was issued on 02.05.2016 appointing him as Junior Assistant along with others.

2. It is the case of the petitioner that in the entire Operation Circle, Adilabad, 16 persons were converted as Junior Assistants from various categories. In order to give posting orders to the converted Junior Assistants oral options were invited. The petitioner claims that he is at Serial No.1 in the seniority list. When he requested the authorities to consider his posting in the present place where he is working as Line Inspector, the authorities passed an order on 18.05.2016 posting him to Adilabad which is 160 KMs away from the present place of working. It is his further case that out of 16 persons, who were converted as Junior Assistants, all others were accommodated in the place where they were working except three persons. Challenging the action of the respondents in transferring him to Adilabad, the present Writ Petition was filed.

3. It is clear from the above averments that the petitioner who was working as Line Inspector was converted as Junior Assistant pursuant to his acquisition of a degree, B.Com. Consequent to the conversion of the post as Junior Assistant now the authorities have issued the impugned orders of posting within the same district but at a distance of 160 KMs from the present place of working. This Court cannot interfere with such exercise of discretion by the authorities and,

accordingly, the Writ Petition deserves to be dismissed.

4. The Writ Petition is, accordingly, dismissed. However, dismissal of the present Writ Petition does not prevent the authorities from posting the petitioner at a place of his choice, if they so desire. There shall be no order as to costs.

5. As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

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RAMALINGESWARA RAO, J Date: 27.06.2016 Nsr