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2025 DAILYLAW 20423 (AP)

BUCHINENI MUNI SEKHAR v. THE STATE OF ANDHRA PRADESH

WP/14332/2025 · 2025-06-17

Challa Gunaranjan

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 14332 OF 2025 Between: Buchineni Muni Sekhar, S/o. B. Rangaiah Aged about 55 years, Occ; School Assistant (Non Languages Physical Education (PD)) Presently working at ZPH School, Cherlopalli Tirupati Rural Mandal, Tirupati District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of School Education, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner/Director, Department of School Education, Government of Andhra Pradesh, Mangalagiri, Guntur District. 3. The Committee of Grievance / Appeal Authority, Rep. by its Chairman / District Educational Officer, Chittoor, Chittoor District 4. The District Educational Officer and Member Secretary, Chittoor, Chittoor District (Erstwhile District) ...Respondents Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue the Writ, Order or direction more particularly one in the nature of Writ of Mandamus to set aside the proceedings Rc.No. SPL / CHITTOOR / 2025 dated 06.06.2025 of the 4*^ Respondent, subsequently to transfer the Petitioner to the first places of his Web Counselling as per the seniority list prepared by the 4'*^ Respondent. —-j» lA NO: 1 OF 2025 Petition under Section 151 dPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the Rc.No. SPL / CHITTOOR / 2025 dated 06.06.2025 of the 4*^ Respondent, by retaining the Petitioner in the present working place of Zilla Parishad High School, Cherlopalli, Code No. 28232600107, Tirupati Rural Mandal, Tirupati District as School Assistant (Non - Languages) Physical Education (PD) - Telugu pending disposal of the Writ Petition. Counsel for the Petitioner: SRI K RAMA KOTESWARA RAO Counsel for the Respondents: GP FOR SERVICES - II The Court made the following order: APHC010285232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] WEDNESDAY ,THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 14332/2025 Between: Buchineni Muni Sekhar ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. K RAMA KOTESWARA RAO Counsel for the Respondent(S): 1.GP FOR SERVICES II The Court made the following: 2 The Court made the following orripr- This Writ Petition is filetf under Article 226 of the Constitution of India for the following relief/s;- . to issue the Writ, Order or direction more particularly one in the SPLTrHiTTnnP^ proceedings Rc.No. SPL / CHITTOOR / 2025 dated 06.06.2025 of the 4*^ Respondent subsequently to transfer the Petitioner to the first places of his Web Counselling as per the seniority list prepared by the 4*^ Respondent and pass....” 2. Heard Sri K.Rama Koteswara Rao, learned counsel for and learned Additional Advocate General appearing for respondents. the petitioner 3. Petitioner is working as a School Assistant (Languages) at ZP High School, Cherlopalli, Tirupathi Rural Mandal, Tirupathi District, working at the said station since 27.08.2017. As such, he has years of service at the said station. The He has been completed eight respondents have undertaken transfers in the State and, for regulating the same, have come up with legislation namely the Andhra Pradesh State Teachers Transfers Regulation Act, 2025, and have also made rules thereunder. In the procedure has been set out for regulating the transfers. pursuance of the same. Following the same, the petitioner has been transferred from the existing station to ZP High School Rallabaduguru, Santhipuram Mandal, Chittoor District, vide proceedings dated 06.06.2025. The petitioner has a dependent daughter who has heart ailment. Therefore, the petitioner claimed preferential treatment in terms of the said rule. However, he has been transferred to a faraway place Learned counsel for the 4. petitioner submits that the petitioner, immediately after receiving the transfer order, made a representation dated 07.06.2025 to the 4‘^ respondent to consider his case under the preferential category raiher than the general category. By oversight, he had participated in the web counseling under the general category and therefore requested to reconsider his transfer. Without considering the said representation, as the respondents have acted on the transfer orders, it necessitated the petitioner to file the present Writ Petition. 5. Learned Additional Advocate General appearing for the respondents the other hand, submits that for the purpose of transfer of teachers, the Government has come up with comprehensive legislation vide Rule 9 of the Preferential Categories of Andhra Pradesh State Teachers Transfers Regulation Act, 2025, and has also made rules there under. A grievance cell has been set up to address complaints from teachers regarding transfers effected. It provides that a person aggrieved can present a representation within three days from the date of receipt of the transfer order. It would be considered and disposed of by the District Educational Officer in the case of teachers within fifteen days. Thereafter, a further appeal is also provided against the orders of the District Education Officer to the Regional Joint Director within three days. Further, the Government has provided a clear statutory remedy and mechanism has been put in place for the aggrieved persons to expedite their grievances. Therefore, he submits that first the petitioner availing such remedy, the respondents would dispose of the petitioner’s grievance well within the time period specified. He further submits , on 4 that the petitioner has already been removed from the current station where he was transferred and relieved on 14.06.2025. 6. In view of the aforesaid submissions and having regard to the fact that Section 17 read with rule 18 of the Andhra Pradesh State Teachers Transfers Regulation Act, 2025, and the rules made thereunder, a specific mechanism is already provided for redressing the grievances and the petitioner has already availed the same, this Court is not inclined to conduct a parallel enquiry into the grievance of the petitioner in the present Writ Petition. th In view of the same, this Writ Petition is disposed of by directing the 4 respondent to consider the grievance of the petitioner and his representation 7. dated 07.06.2025 in terms of Rule 18 of the Andhra Pradesh State Teachers Transfers Regulation Act, 2025, within the time frame fixed therein and pass appropriate speaking orders. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/- B CHITTI JOSEPH assistANT^REGIS>ri'’R ifoFFlCER //TRUE COPY// To, SE 1. The Principal Secretary, Department of School Education, State of Andhra Pradesh, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner/Director, Department of School Education, Government of Andhra Pradesh, Mangalagiri, Guntur District. 3. The Chairman / District Educational Officer, Committee of Grievance / Appeal Authority, Chittoor, Chittoor District 4. The District Educational Officer and Member Secretary, Chittoor, Chittoor District (Erstwhile District) 5. One CC to Sri K Rama Koteswara Rao, Advocate [OPUC] 6. Two CCs to GP for Services - II, High Court of Andhra Pradesh. [OUT] 7. Two CD Copies RAM '%' HIGH COURT . ... i , • DATED:18/06/2025 ORDER WP.No.14332 of 2025 disposing of the WP WITHOUT COSTS