M.A. Khan, v. The Vice-Chairman And Managing Director,
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
For the State of Telangana and the State of Andhra Pradesh WP NO. 26164 of 2015 BetweeN MA Khan and another .. Petitioner(s) And The VC & MD, TSRTC, Hyderabad and others.
.. Respondent(s) DATE OF JUDGMENT PRONOUNCED: 19.8.2015 SUBMITTED FOR APPROVAL:
1. Whether Reporters of Local news papers Yes/No may be allowed to see the Judgments?
2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals
3. Whether Their Ladyship/Lordship wish to Yes/No see the fair copy of the Judgment?
WP No.26164 of 2015 Order :
Heard Sri C. Rajashekar Reddy, learned counsel for the petitioners and Sri Ravibabu, learned Standing Counsel for the respondent-Corporation.
The petitioners, initially, have been appointed as Conductors i n the Adilabad Region under "Bread Winner Scheme", and as there were no vacancies in Adilabad Region, they were posted in Hyderabad region. Thereafter, they were transferred to Adilabad Region and they are working as such in the TSRTC Nirmal Depot, Adilabad District. While so, by the impugned proceedings dated 4.8.2015, the 3rd respondent-Depot Manager transferred them to Hyderabad Region. The said transfer order is questioned in this writ petition.
Learned counsel appearing for the petitioners has invited attention of this Court to the notification dated 27.5.2015 issued by the 1st respondent-Vice Chairman & Managing Director, Telangana State Road Transport Corporation, Hyderabad prescribing certain guidelines regarding transfer of employees. The relevant portion of the notification dated 27.5.2015 reads as follows : " ....
As the guidelines on appointment of staff are still awaited from the Government, it is therefore decided to further extend the deputation period in respect of temporarily transferred deputationists upto 31.5.2016 or further guidelines are issued, whichever is earlier."
By virtue of the said notification dated 27.5.2015 issued by
the 1st respondent, the petitioners are entitled to work at Adilabad Region upto 31.5.2016.
Transfer orders issued by the 3rd respondent are therefore contrary to the notification dated 27.5.2015 issued by the 1st respondent-Corporation. The writ petition is therefore disposed of setting aside the transfer proceedings dated 4.8.2015 issued by the 3rd respondent with a direction to continue the petitioners in Adilabad Region upto 31.5.2016 or as per further guidelines issued by the 1st respondent-Corporation, whichever is earlier. No order as to costs. The Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
____________________ JUSTICE R.KANTHA RAO Date:19.8.2015 Note:
Issue cc in two days kk
WP No.26164 of 2015 19-8-2015