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2025 DAILYLAW 20975 (AP)

K BHARATHAMMA v. THE STATE OF AP

WP/15113/2025 · 2025-06-23

Challa Gunaranjan

body2025

Judgment text

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! I APHC010295032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMB TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 15113 OF 2n2fi Between: K Bharathamma, W/o. Late K. Srinivasulu, Aged about 57 years, Occ School Assistant (Telugu) Z.P.H.School, Kothamanchuru, Vayalappadu Mandal). Annamayya District. (Now transferred from Z.P.H.School, Madanapalli to Z.P.H.School, Kothamanchuru, Vayalapadu Mandal, Annamayya District ...Petitioner AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, School Education Department, Secretariat Buildings. Velagapudi, Amaravathi Guntur District. 2. The Commissioner and Director of School Education, Government of Andhra Pradesh, Vidhya Bhavan, Mangalagiri, Guntur District. 3. The Regional Joint Director, School Education Department, Kadapa, Kadapa District. 4. The District Educational Officer, Chittoor District, at Chittoor. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring Rc.No.SPL/CHITTOR/2025, dt.06.06.2025 of the 4*^ the petitioner from Z.P.H.School the proceedings in respondent transferred Madanapalli to Z.P.H School Kothamanchuru, Vayalapadu Mandal without considering the petitioner case in preferential category / widow category in the transfer counseling is illegal arbitrary, unjust and violation of principles of natural justice and contrary to the transfer guidelines issued in G.O.Ms.No22 School Education (Services.il) department, dt.20.05.2025 and set aside the same and consequently direct the respondents to re-consider the petitioner transfer under preferential category / widow category and transfer and post the petitioner in any vacancy available school with all benefits. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the proceedings in Rc.No.SPL/CHITTOR/2025, dt.06.06.2025 of the 4th respondent transferred the petitioner from Z.P.H.School, Madanapalli to Z.P.H.School, Kothamanchuru, Vayalapadu respondents to re-consider the petitioner transfer under preferential category / widow category and transfer and post the petitioner in any vacancy available school by considering her representation dt.09.06.2025 pending disposal the writ petition. Counsel for the Petitioner: SMT V SESHA KUMARI Counsel for the Respondents: GP FOR SERVICES II The Court made the following order: Mandal and direct the of APHC010295032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] TUESDAY ,THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 15113/2025 Between: K Bharathamma ...PETITIONER AND The State Of Ap and Others Counsel for the Petitioner: ...RESPONDENT(S) 1.VSESHA KUMARI Counsel for the Respondent(S): 1.GP FOR SERVICES II The Court made the following: THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION No.15113 of 202fi ORDER: This writ petition is filed under Article 226 of Constitution of India seeking following relief: “to declare the proceedings in Rc.No.SPL/CHITTOR/2025, dt.06.06.2025 of the 4'^^ respondent transferred the petitioner from Z.RH. School, Madanapalli to Z.P.H. School, Kothamanchuru, Vayalapadu Mandal, without considering the petitioner’s case in preferential category/widow category in the transfer counseling is illegal, arbitrary, unjust and violation of principles of natural justice and contrary to the transfer guidelines issued in G.O.Ms.No.22, SCHOOL EDUCATION (SERVICES.il) DEPARTMENT, dt.20.05.2025 and set aside the same and consequently direct the respondents to reconsider the petitioner transfer under preferential category/widow category and transfer and post the petitioner in any vacancy available school with all benefits and to pass such other orders.” 2. Heard Smt.V.Sesha Kumari, learned counsel for petitioner and learned Assistant Government Pleader for Services - II, appearing for respondents. 3. Petitioner is working as School Assistant (Telugu) at Z.P. High School, Madanapalli, Annamayya District, in pursuance to 2 ' 1 CGR, J W.P. No.15113of2025 the general transfers by impugned proceedings dated 06.06.2025, she has been transferred to Z.P. High School Kothamanchuru. Petitioner has submitted representation dated 09.06.2025 objecting to aforesaid transfer on the ground that her request under the preferential category of Rule 9(a)(iii) being a Widow has not been considered, besides petitioner was also raised objection stating that petitioner being senior most, any surplus staff are to be transferred from amongst the junior most, therefore, the transfer was not in terms of the Rules. The said objections are stated to be pending before 4*^ respondent. Petitioner has later got relieved from the place where she is working and joined at new station on 15.06.2025. Learned counsel for petitioner submits that in terms of 4. Rule 18 of The Andhra Pradesh State Teachers (Regulation of 2025 (for short, ‘Rules, 2025’), the Transfer) Rules, 4’*^ respondent is required to consider and dispose of the representation/objections within fifteen days, as petitioner has submitted objections on 09.06.2025, so far no orders have been passed and petitioner is made to report at new station. CGR, J W.P. No.15113of2025 Learned Assistant Government Pleader on the other hand 5. placed written instructions on record inter alia stating that in pursuance to transfer orders, petitioner has got relieved and joined at new station, however, he submits that the objections of the petitioner would be considered and disposed of in accordance with Rule 18 of the Rules, 2025. In view of the aforesaid submission, with the consent of 6. both parties, this writ petition is disposed of at the admission stage, directing 4*'^ respondent to pass appropriate speaking orders on petitioner’s representation/objections dated 09.06.2025 in terms of Rule 18 of the Rules, 2025 within a week from today. No costs. As a sequel, interlocutory applications pending consideration, if any, shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, School Education Department, State of AP, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. The Commissioner and Director of School Education, Government of Andhra Pradesh, Vidhya Bhavan, Mangalagiri, Guntur District. The Regional Joint Director, School Education Department, Kadapa, Kadapa District. The District Educational Officer, Chittoor District, at Chittoor. One CC to Smt. V Sesha Kumari Advocate [OPUC] Two CCs to GP for Services II, High court of Andhra Pradesh[OUT] Three CD Copies GSC 2. 3. 4. 5. 6. 7. HIGH COURT DATED:24/06/2025 ORDER WP 15113/2025 DISPOSING THE WP WITHOUT COSTS