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2025 DAILYLAW 20343 (AP)

M SATYANARAYANA v. THE STATE OF ANDHRA PRADESH

WP/14534/2025 · 2025-06-19

Challa Gunaranjan

body2025

Judgment text

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APHC010283902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] FRIDAY, THE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 14534/2025 Between: M Satyanarayana ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. Y SUDHAKAR Counsel for the Respondent(S): 1. GP FOR SERVICES I 2 HCGR, J W.P.No.14534 of 2025 The Court made the following order: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:- “…to issue a writ, order or direction more particularly a Writ in the nature of Mandamus declaring the action of the 2nd respondent in transferring the petitioner from the Greater Visakhapatnam Municipal Corporation, Visakhapatnam, to Itchapuram Municipality in Proceeding No.111/E4(1)/2025/Z1/3 dated 09.06.2025 as illegal, arbitrary and violative of Articles of 14 and 16 of the Constitution of India and set aside the same and consequently direct the respondents to retain the petitioner in Greater Visakhapatnam Municipal Corporation, Visakhapatnam and pass such other order or orders…” 2. Heard Sri Y.Sudhakar, learned counsel for the petitioner, learned Government Pleader for Services-I for respondent Nos.1 to 3 and Sri A.S.C.Bose, learned Standing Counsel for respondent No.4. 3. Learned counsel for the petitioner submits that petitioner’s wife is working as a teacher at Sungavarapu Kota, Vizianagaram District. Therefore, the petitioner has opted and sought preference in terms of Clause 4(vi) of transfer guidelines issued by G.O.Ms.No.23, Finance (HR.I-PLG.& Policy) Department, dated 15.05.2025, to consider his case either to retain in the same station or to transfer to a station nearer to his spouse. However, now by impugned proceedings dated 09.06.2025, the respondents have transferred the petitioner to Itchapuram Municipality. Therefore, learned counsel contends that the petitioner’s representation dated 23.05.2023 has 3 HCGR, J W.P.No.14534 of 2025 not been considered in a proper perspective. He would urge that it would suffice to direct the respondents to consider the petitioner’s representation, in accordance with transfer guidelines and pass appropriate orders. 4. Learned Assistant Government Pleader as well as learned Standing Counsel appearing for the respondents on the other hand submits that petitioner has been in the same station for almost nine years and eight months. Therefore, on administrative grounds he has been transferred and on spouse ground he would not have any better chance to continue in the same station. 5. In view of aforesaid submissions, as the case of petitioner is to transfer him to nearest station to his spouse, the Writ Petition is disposed of, directing the 2nd respondent to consider the petitioner’s representation dated 23.05.2025, on spouse grounds as enumerated in G.O.Ms.No.23, Finance (HR.I-PLG.& Policy) Department, dated 15.05.2025, and pass appropriate orders, in accordance with law. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ______________________________________ JUSTICE CHALLA GUNARANJAN Date: 20.06.2025 KBN