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2025 DAILYLAW 21451 (AP)

V V NIRMALA DEVI v. GOVERNMENT OF AP

WP/15264/2024 · 2025-07-29

Nyapathy Vijay

body2025

Judgment text

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APHC010302512024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 15264 OF 2024 Between: Smt. V V Nirmala Devi, W/o. K.Srinivasa Reddy, Aged about 55 Years Occ: SGT, M.P.P.School, Edigapalli Village Annamayya District. Chitvel Mandai, ...Petitioner AND Government of Andhra Pradesh, rep.by its Principal Secretary, School Education Department, Secretariat Buildings, Velagapudi, Guntur District. The Commissioner of School Education, Mangalagiri, Guntur District. The District Educational Officer, YSR District Kadapa. 1. 2. 3. ...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 of Mandamus or any other appropriate Writ declaring that the action of the respondents in not giving effect to the inter management transfer of the petitioner from MPP School to any of the Municipal School, Proddatur Town of YSR District as issued vide Memo No.2134525/Ser. Il/A. 1/2023 dated 14.03.2024 of the 1st respondent as illegal, arbitrary, violative of principles of natural justice and violative of Article 14 and 16 of the Constitution of India and consequently direct the respondents to implement the proceedings of inter management transfer of the petitioner issued vide Memo No.2134525/Ser. I I/A. 1/2023 dated 14.03.2024 of the 1st respondent by relieving the petitioner from MPP School, Mandal, newly formed Annamayya District and by allowing the petitioner to join in Municipal School of Proddatur Town, YSR District. lA NO: 1 OF 2024 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 direct the respondents to give effect to the proceedings of inter management transfer of the petitioner issued vide Memo No.2134525/Ser. Il/A. 1/2023 dated 14.03.2024 of the 1st respondent, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI HARINATH REDDY SOMAGUTTA Counsel for the Respondents; GP FOR SERVICES III AND GP FOR SCHOOL EDUCATION The Court made the following order: Edigapalli Village, Chitvel 5 APHC010302512024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY,THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 15264/2024 Between; 1.V V NIRMALA DEVI, W/0. K.SRINIVASA REDDY, AGED ABOUT 55 YEARS EDIGAPALLI VILLAGE CHITVEL MANDAL, ANNAMAYYA DISTRICT. OCC SGT, M.P.P.SCHOOL, ...PETITIONER AND OF AP, REPBY ITS PRINCIPAL SCHOOL EDUCATION DEPARTMENT, BUILDINGS, VELAGAPUDI, GUNTUR 1.GOVERNMENT SECRETARY, SECRETARIAT DISTRICT. 2.THE COMMISSIONER OF SCHOOL EDUCATION, THE COMMISSIONER OF SCHOOL EDUCATION MANGALAGIRI, GUNTUR DISTRICT. 3.THE DISTRICT EDUCATIONAL OFFICER, YSR DISTRICT KADAPA. ...RESPONDENT(S): 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 of Mandamus or any 2 Other appropriate Writ declaring that the action of the respondents in not giving effect to the inter petitioner from MPP School to any of the Municipal School, Proddatur Town of YSR District No.2134525/Ser. I I/A. 1/2023 dated 14.03.2024 of respondent as illegal, arbitrary, violative of principles of natural justice and violative of Article 14 and 16 of the Constitution of India and consequently direct the respondents to implement the proceedings of inter management transfer of the petitioner issued vide Memo No.2134525/Ser. I I/A. 1/2023 dated 14.03.2024 of the 1st respondent by relieving the petitioner from MPP School, Edigapalli Village, Chitvel Mandal, newly formed Annamayya District and by allowing the petitioner to join in Municipal School of Proddatur Town, YSR District and to lA NO: 1 OF 2024 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 direct the respondents to give effect to the proceedings of inter management transfer of the petitioner issued vide Memo No.2134525/Ser. I I/A. 1/2023 dated 14.03.2024 of the 1st respondent, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1.HARINATH REDDY SOMAGUTTA Counsel for the Respondent(S): 1.GP FOR SERVICES III 2.GP FOR SCHOOL EDUCATION The Court made the following: management transfer of the issued vide Memo the 1st as pass THE HON'BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.15264 of 2024 ORDER: This writ petition is filed questioning the action of the Respondents in not giving effect to the inter-management transfer of the Petitioner from MPP School to any of the Municipal School, Proddatur Town of YSR-Kadapa District as issued vide Memo No.2134525/Ser.ll/A.1/2023 dated 14.03.2024. The facts leading to the filing of the writ petition are as 2. follows: The Petitioner was appointed as SG Teacher under the control of Respondent No.3 in MPP School in Medak in the year 2000 and was transferred to Kadapa in the year 2005. While working as SGT MPP School, Edigapalli Village, Chitvel Mandal have made an application for inter-management transfer from Mandal Parishad School to Municipal School, Proddatur Town in any existing vacancy subject to taking last rank in the unit of Municipal Schools of Proddatur Municipatity as her husband is suffering from paralysis. Taking note of the piquant situation of the Petitioner, Respondent No.1 issued relaxation orders vide Memo No.2134525/Ser.ll/A.1/2023 dated 14.03.2024 effecting 2 inter-management transfer of Petitioner Proddatur Town in YSR District. from MPP School 3. Prior to the issuance of the above memo, the Commissioner of Proddatur Municipality had issued No Objection Certificate on 15.12.2021 vide Roc.No.532/2021/C4 for the inter management transfer of the Petitioner on humanitarian grounds. The Regional Director-cum-Appellate Commissioner Administration, Ananthapuramu also informed of Municipal the same to Respondent No.1 prior to the issuance of memo, providing the vacancy position under Proddatur Municipality taking consideration the memo issued on 14.03.2024. Petitioner has not been relieved. Hence, the into However, the present writ petition is filed. 4. No counter-affidavit has been filed. 5. Taking into consideration the memo dated 14.03.2024, No Objection Certificate given by the Proddatur Municipality as MPP Mandal Education Officer, YSR Kadapa District and the vacancy position existing in Proddatur Municipality, Respondent Nos.2 and 3 are directed to forthwith issue orders relieving the Petitioner within a period of four(4) weeks. as well the 3 9^ 6. The writ petition is disposed of accordingly. No order as to costs. As a sequel, the miscellaneous petitions if any shall stand dismissed. Sd/- B PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// 'section officer To, 1. The Principal Secretary, School Education Department, Government of AP, Secretariat Buildings, Velagapudi, Guntur District. 2. The Commissioner of School Education, Mangalagiri, Guntur District. 3. The District Educational Officer, YSR District Kadapa. 4. One CC to Sri. Harinath Reddy Somagutta Advocate [OPUC] 5. Two CCs to GP for Services III^High Court of Andhra Pradesh [OUT] 6. Two CCs to GP for School Education High Court of Andhra Pradesh [OUT] 7. Two CD Copies GSC 'll HIGH COURT DATED:30/07/2025 ORDER WP NO. 15264 OF 2024 DISPOSING THE WP WITHOUT COSTS