Smt. T. Sravanthi Devi v. The Superintending Engineer

THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO WRIT PETITION No.21045 OF 2017 O R D E R :

Petitioner assailed her transfer from Kadapa Division to OSD/Vempalli, Pulivenala Divsiion by the impugned order dt.24.06.2017 passed by the 1st respondent.

2.

Counsel for petitioner contends that the transfer of the petitioner is in violation of guidelines 11 and 20. He also states that the petitioner is a lactating lady nurturing a eight months old baby.

3.

Guideline 11 referred to by the counsel for petitioner states that woman employees may be transferred to some other post as far as possible in the same station. This guideline, as its wording shows, is clearly directory and not mandatory since the word "may" is used.

4.

Merely because guideline 30 states that competent authority will be responsible for compliance of the guidelines and deviation from the guidelines will be viewed seriously, that does not mean that a guideline which is directory becomes mandatory. 5.

The legal position that transfer is an incident of service and that no employee has a right to be posted to a particular place, is not in dispute.

6.

Therefore, I see no merit in this Writ Petition and it is accordingly dismissed at the admission stage. There shall be no order as to costs.

7.

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

______________________________ M.S. RAMACHANDRA RAO, J 28th June, 2017.

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