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2025 DAILYLAW 12116 (AP)

V KRISHNA MOHAN v. THE STATE OF AP

WP/7650/2025 · 2025-04-09

Challa Gunaranjan

body2025

Judgment text

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APHC010142672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] WEDNESDAY, THE NINTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 7650/2025 Between: V. Krishna Mohan ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. SRINIVAS AMBATI Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: ORDER: The present writ petition is filed seeking the following relief: “ to issue a writ, order or direction, more particularly, one in the nature of WRIT OF MANDAMUS declaring the action of the 5th respondent in not joining and allowing the petitioner to discharge his duties as Panchayat Secretary Grade-ll in Itikayalapalli Gram Panchayat of Gokavaram Mandal in East Godavari District, by implementing the proceedings No. A5/e-503251/778/2024, dated 05.11.2024, issued by the 3rd respondent and the inaction of the 3rd respondent on petitioner’s representation, dated 10.12.2024, requesting the 3rd respondent to transfer the petitioner as Panchayat Secretary Grade-ll at Srirangapatnam Gram Panchayat in Korukonda Mandal on medical grounds as the petitioner’s son is suffering with Celebral Palsy Mentally Retardation with 100 percent disability and his mother is suffering with Paralysis which requires every day medical treatment, as illegal, irregular, arbitrary, violative of principles of natural justice contrary to G.O. Ms. No.75 Finance (HR.I- 2 PLG & POLICY) Department, dated 17.08.2024, and offends Articles 14 and 21 of the Constitution of India and consequently, direct the 5th respondent to join and allow the petitioner to discharge his duties as Panchayat Secretary Grade-ll in Itikayalapalli Gram Panchayat of Gokavaram Mandal in East Godavari District or direct the 3rd respondent to transfer the petitioner to Srirangapatnam Gram Panchayat in Korukonda Mandal by considering his representation, dated 10.12.2024 on medical grounds and pass…” 2. Heard learned counsel for the petitioner and learned Government Pleader for Services-I appearing for respondents 1 to 4 and Sri G.Srinivasula Reddy, learned standing counsel for 5th respondent. 3. On 25.03.2025, this Court passed the following order: “Learned Government Pleader for Services-I takes notice for respondent Nos.1 to 4 and Sri G.Srinivasula Reddy, learned Standing Counsel takes notice for respondent No.5 and seeks time to get instructions. Learned counsel for the petitioner submits that in pursuance of the interim orders of this Court in W.P.No.23389 of 2024, the representation of the petitioner was considered positively and the District Collector by proceedings Procgs.No.A5/e-503251/778/2024 dated 05.11.12024 issued orders transferring the petitioner posting him at Itikayalapalli Gram Panchayat, Gokavaram Mandal and on 06.11.2024, he reported there before respondent No.5, however, since he has not been allowed to discharge functions, he immediately made a representation on the very same day i.e., on 06.11.2024 and 10.12.2024, to respondent Nos.2 & 3. While that being so, now respondent No.3 issued proceedings vide Procgs.No.e515885/A6/2025 dated 19.03.2025 effecting promotions to various persons as Panchayat Secretary Grade III, and issued posting orders, in terms of which at the place where the petitioner has been transferred i.e., Itikayalapalli, one Ms.E.Vara Lakshmi Srija has been posted. Prima facie, it appears that the petitioner is prevented from attempting and discharging his duties in Itikayalapalli where he has been transferred in pursuance to proceedings 3 dated 05.11.2024. However, when the petitioner is already working there, respondent No.3 cannot have posted another person to the very same post. Learned Assistant Government Pleader seeks time to get instructions in that regard. List the matter on 02.04.2025 in ‘adjourned motion list’.” 4. Today, learned Assistant Government Pleader for Services-I has placed on record written instructions, dated 09.04.2025, by which, it is stated that the matter is now ceased with the District Collector, East Godavari District, who is supposed to issue appropriate modification orders by tomorrow evening for posting the petitioner to appropriate place as Panchayat Secretary Grade-II. 5. In view of the said instructions, the 3rd respondent is directed to pass appropriate orders and communicate the same to the petitioner by 11.04.2025. 6. Accordingly, the writ petition is closed. No order as to costs. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. _____________________________ JUSTICE CHALLA GUNARANJAN Date:09.04.2025. cs