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High Court of Andhra Pradesh · body

2025 DAILYLAW 21458 (AP)

D.Tripura Sundara Rao, v. The State of Andhra Pradesh,

WP/15255/2025 · 2025-06-26

Challa Gunaranjan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010302902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) p. ■ FRIDAY, THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 15255 OF 2025 Between: D.Tripura Sundara Rao, S/o. D. Biksham Aged 57 years, Occ- District Project Manager(L4) District Rural Development Agency (DRDA) Eluru, Eluru District. ...Petitioner AND The State of Andhra Pradesh, Rep by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat Buildings, Velagapudi, Guntur District. The Society for Elimination of Rural Poverty, Department of Panchayat Raj and Rural Development NTR Administrative Block, PNBS, Vijayawada, Represented by its Chief Executive Officer. The Project Director, District Rural Development Agency (DRDA) Eluru, Eluru District. 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, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the transferring the petitioner 2813230( L4)/S E R P/Ad m in/T ra nsfers/2025 dated arbitrary unconstitutional and contrary to the transfer guidelines 2nd respondent in from Eluru to Kurnool by Proceedings No 09-06-2025 as illegal, issued in G.O.iyis.No. 23, dated 15-05-2025 and consequently set aside the 09-06- Proceedings No 2813230(L4)/SERP/Admin/Transfers/2025 dated. 2025 in so far as the petitioner is concerned and direct the respondents to retain the petitioner in the existing place at Eluru. 7 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 No.2813230(L4)/SERP/Admin/Transfers/2025 , dated.09-06-2025 as for as the petitioner is concerned issued by the 2 respondent in transferring the petitioner from Eluru to Kurnool pending disposal of the main writ petition. lA NO: 2 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 may be pleased to direct the 2'^'^ respondent to consider the representation dated. 09-09- 2025 made by the petitioner pending disposal of the main writ petition. Counsel for the Petitioner: SRI L V S NAGARAJU Counsel for the Respondent Nos. 2 and 3: SRI HARI BABU MAGULURI SC For SERF Counsel for the Respondent No. 1: GP FOR PANCHYAT RAJ AND RURAL DEVELOPMENT The Court made the following order: APHC010302902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] FRIDAY,THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 15255/2025 Between: 1.D.TRIPURA SUNDARA RAO,, S/0. D. BIKSHAM AGED 57 YEARS, DISTRICT PROJECT MANAGER(L4) DISTRICT RURAI OCC- DEVELOPMENT AGENCY (DRDA) ELURU, ELURU DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAI SECRETARY, PANCHAYAT RAJ AND RURAI DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS,VEIAGAPUDI, GUNTUR DISTRICT. 2.THE SOCIETY FOR EIIMINATION OF RURAI POVERTY, DEPARTMENT OF PANCHAYAT RAJ AND RURAI DEVELOPMENT BLOCK,PNBS REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. 3.THE PROJECT DIRECTOR, DISTRICT RURAI DEVEIOPMENT AGENCY (DRDA) ElURU,ELURU DISTRICT. NTR ADMINISTRATIVE ,VIJAYAWADA, ...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 tomay be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in transferring the petitioner from Eluru to Kurnool by Proceedings No 2813230(L4)/SERP/Admin/Transfers/2025 dated 09-06-2025 as illegal, arbitrary unconstitutional and contrary to the transfer guidelines issued in G.O.Ms.No. 23, dated 15-05-2025 and consequently set aside the Proceedings No 2813230(L4)/SERP/Admin/Transfers/2025 dated. 09-06-2025 in so far as the petitioner is concerned and direct the respondents to retain the petitioner in the existing place at Eluru and to pass 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 proceedings dated.09-06-2025 as for as be pleased suspend the to may No.2813230(L4)/SERP/Admin/Transfers/2025 the petitioner is concerned issued by the 2 respondent in transferring the petitioner from Eluru to Kurnool pending disposal of the main writ petition and pass lA NO: 2 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 may be pleased to direct the 2"'* respondent to consider the representation dated. 09-09- 2025 made by the petitioner pending disposal of the main writ petition and pass Counsel for the Petitioner: 1.LVS NAGARAJJ Counsel for the Respondent(S): 1.GPFOR SERVICES I 2.HARI BABU MAGULURI SC For SERP The Court made the following: THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION No.15255 of 2n2fi ORDER: This writ petition is filed under Article 226 of Constitution of India seeking following relief: “to declare the action of the 2'^^ respondent in transferring the petitioner from Eluru to Kurnool by Proceedings Transfers/2025, dated 09.06.2025 as illegal arbitrary unconstitutional and contrary to the transfer guidelines issued in G.O.Ms.No.23, dated 15.05.2025 and consequently set aside the Proceedings No. 2813230(L4)/SERP/Admin/Transfers/2025, 09.06.2025 in so far as the petitioner is concerned and direct the respondents to retain the petitioner in the existing place at Eluru and to pass.” No.2813230(L4)/SERP/Admin/ dated 2. Heard Sri L.V.S.Naga Raju, learned counsel for petitioner, learned Assistant Government Pleader for Services - I, appearing for 1®* respondent and Sri M.Hari Babu, learned standing counsel, appearing for respondents 2 and 3. 3. Petitioner is presently working as District Project Manager (L4) at Eluru. He has now been transferred to Kurnool in pursuance of the impugned proceedings dated 09.06.2025. CGR, J W.P. No.15255of 2025 4, Learned counsel for petitioner submits that petitioner has not completed five years of service at Eluru, therefore, he could not have been transferred and further that petitioner’s wife is also on government service working as Secondary Grade Teacher at MPP School, Kokkalagudem, Nuzvid, Eluru District, therefore, he is entitled to be considered on spouse ground to any nearest place. Petitioner made choice of preferences at Krishna and NTR Districts, however, he has now been transferred to Kurnool District. Eluru Petitioner has made representation dated 09.06.2025 to reconsider the aforesaid transfer, which is stated to be pending. 5. Sri M.Hari Babu, learned standing counsel, has placed record written instructions inter alia stating that petitioner has been working in the same district for almost 11 on 31.05.2025, in respect of persons who have on years 5 months as overstayed, the respondents have derived criteria based on longevity of service, any other proceedings has been pending against them, besides willingness of such person and based on those considerations, transfers were affected to 47 officers including that of petitioner, therefore, transfer has been done in accordance with the CGR, J W.P. No. 15255 of 2025 guidelines and the criteria matter does not call for any interference. 6. As seen from record, it appears that petitioner’s wife is working as Secondary Grade Teacher at Nuzvid, in terms of G.O.Ms.No.23, dated 15.05.2025, there is a preference on spouse ground, therefore, inasmuch as petitioner has made representation dated 09.06.2025, the respondents are required to have considered the said aspect as well. In view of the same, this writ petition is disposed of by 7. directing respondents to consider representation dated pass appropriate orders in terms of 09.06.2025 and G.O.Ms.No.23, dated 15.05.2025, as expeditiously as possible preferably within three weeks from the date of receipt of copy of this order. No costs. As a sequel, interlocutory applications pending consideration, if any, shall stand closed. Sd/- P. VINOD KUMAR assista.nt registrar //TRUE COPY// ' SECTION OFFICER To, 1. The Principal Secretary, Panchayat Raj and Rural Development Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. 2. The Chief Executive Officer, Society for Elimination of Rural Poverty, Department of Panchayat Raj and Rural Development NTR Administrative Block, PNBS, Vijayawada. 0 3. The Project Director, District Rural Development Agency (DRDA) Eluru, Eluru District. 4. One CC to Sri. L V S Nagaraju Advocate [OPUC 5. OneCCto Sri. Hari Babu Maguluri SC For SERP[OPUC] 6. Two CCs to GP for Services I, High Court of Andhra Pradesh [OUT] 7. Three CD Copies GSC >» HIGH COURT DATED:27/06/2025 ORDER WP 15255/2025 r 0 5 JUL 2025 DISPOSING THE WP WITHOUT COSTS