P. Ramanjineyulu, v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO WRIT PETITION No.21229 of 2017 O R D E R:

Heard counsel for the petitioner, the Government Pleader for Energy appearing for 1st respondent and Sri N.Siva Reddy, Standing Counsel appearing for respondents 2 and 3.

2.

Petitioner has filed this Writ Petition assailing proceeding dt.24.06.2017 transferring the petitioner as Line Inspector from Pernamitta (D), SN Padu Section to Marlapadu(D), Tanguturu Rurla Section, instead of OngoleD3 as Linemen, that petitioner had in fact made a request for being posted in D3-Ongole, and on the basis of guideline 19(a) contained in the Memo dt.18.05.2017, the transfer of the 4th respondent has been made.

3.

Sri N.Siva Reddy, Standing Counsel for respondent 2 and 3 states that petitioner had in fact sought transfer to D4Ongole and not to D3-Ongole. 4.

Be that as it may, clause 19(a) deals with protection from transfer to union leaders or association leaders of unit or association having 15% of membership in the Discom. 5.

In the present case, it cannot be said that the 4th respondent has been given posting at D3-Ongole on the basis of Sub-Clause(a) of Clause 19 for the reason that the said

clause protects a person from being transferred at all and would definitely not apply in a situation where 4th respondent is transferred from D4 Ongole to D3 Ongole.

6.

Even otherwise no employee has a right to seek posting at a particular place. In any event, since the place to which the petitioner is now transferred is only 25 K.Ms. from his previous place of employment, petitioner cannot claim to be prejudiced in any way. It is also not the case of the petitioner that his transfer is malafide.

7.

Therefore, I see no reason to interfere with the impugned memo.

8.

Accordingly, this Writ Petition is dismissed at the admission stage. There shall be no order as to costs. 9.

Consequently, miscellaneous petitions pending, if any, shall stand dismissed.

_____________________________ M.S.RAMACHANDRA RAO, J 10th July, 2017.

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