Policy circulars intended for State Government employees governing inter-State transfer on spouse grounds do not apply to employees of statutory corporations unless specifically adopted by those entities, and local cadre employees have no inherent right to post-bifurcation inter-State transfer outside the defined statutory allocation framework.

ORDER

Heard Sri P.Venkateswar Rao, learned counsel for the petitioners; Ms.D.Sai Mahitha, learned counsel representing Sri R.Anurag, learned Standing Counsel for Telangana State Road Transport Corporation (respondent No.1) and Sri Kallakuri Srinivasa Rao, learned Standing Counsel for Andhra Pradesh State Road Transport Corporation (respondent No.2) and perused the record.

2. The present writ petition is filed with the following prayer:

“……to issue a writ or order or direction more particularly one in the nature of writ of mandamus declaring that the action of the respondents in not transferring the petitioners to units of APSRTC in the present Andhra Pradesh state from TSRTC (Telangana State) is as bad, arbitrary, illegal, unjust, discriminatory by setting aside Procs. No.E3/690(05)/2022-PO-II, dt. 18-6-2022 of the 2nd respondent herein and consequently direct the respondents to transfer the petitioners from TSRTC to the APSRTC units in the present Andhra Pradesh State and direct the 2nd respondent to allow and continue the petitioners in the units of APSRTC (present AP State) on spouse grounds and pass such other order or orders as this Hon'ble court deems fit and proper.”

Factual background (in brief)

3. The 1st petitioner was initially appointed as a casual Conductor on 10.01.1986 at Mehdipatnam Depot under the then undivided Andhra Pradesh State Road Transport Corporation (APSRTC), falling within the Bhagyanagar Region (presently forming part of the State of Telangana), whose services were subsequently regularized with effect from 01.09.1986. Thereafter, in the course of 1st petitioner’s service, he was appointed and promoted to the posts of Junior Assistant (Finance) in the year 2009, Senior Assistant (Finance) in the year 2015, and ultimately to the post of Deputy Superintendent (Finance) with effect from 09.06.2019. 1st petitioner’s seniority has at all relevant times been maintained in the Greater Hyderabad Zone, which is a zonal cadre.

4. The 2nd petitioner was initially engaged as a contract/casual Conductor on 31.05.2007 at Vikarabad Depot in Ranga Reddy District (presently in the State of Telangana), whose services were regularized with effect from 01.01.2010. 2nd petitioner continues to hold the post of Conductor, which is a local cadre post, and her seniority is maintained within the Ranga Reddy Region.

5. During the course of their service, both the petitioners were deputed to various depots situated in the territories of the erstwhile undivided State of Andhra Pradesh. The 1st petitioner was deputed to Guntakal Depot in Kadapa Zone for a temporary period and was repatriated to his parent zone, namely Greater Hyderabad Zone, on 05.02.2014, i.e., prior to the appointed day of bifurcation of the State. The 2nd petitioner was deputed to Mangalagiri Depot in Guntur Region from the year 2011 to 2017 and was thereafter repatriated to her parent region, namely Ranga Reddy Region, on 30.06.2017. Such deputations were purely temporary in nature and did not alter their substantive cadre or seniority position.

6. It is the case of the petitioners that they are natives of the present State of Andhra Pradesh, the 1st petitioner being from Kurnool District and the 2nd petitioner from Guntur District, and that they have pursued their education in the said districts and that their spouses are employed in the State of Andhra Pradesh. Accordingly, the petitioners sought tran