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2025 DAILYLAW 22293 (AP)

L VENGAIAH v. THE STATE OF ANDHRA PRADESH

WP/15984/2025 · 2025-06-30

Challa Gunaranjan

body2025

Judgment text

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APHC010314272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] TUESDAY,THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 15984/2025 Between: 1. L VENGAIAH, S/O NAGAIAH AGED 51 YEARS OCC. SA O/O MPUPS T BOYAMADUGULA VILLAGE VARIKUNATA (M) SPSR NELLORE ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER OF SCHOOL EDUCATION SCHOOL EDUCATION DEPARTMENT, VENKATADRI TOWERS, MANGALAGIRI GUNTUR. 3. THE REGIONAL JOINT DIRECTOR, SCHOOL EDUCATION DEPARTMENT, GUNTUR 4. THE DISTRICT EDUCATIONAL OFFICER, NELLORE, SPSR NELLORE DISTRICT ...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 an order, writ or direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of the respondents in not considering the petitioner candidature for transfer despite opting for more than 250 stations is illegal arbitrary and violative of Articles 14,19(1)(g) and 21 of 2 the onstitution of India and consequently direct the respondents to reconsider the case of the petitioner for transfer or deputation or work adjustment and allot a post at any one of the opted stations forthwith in accordance with the transfer guidelines and his eligibility and pass such IA 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 may be pleased to direct the respondents to dispose the representation dated 10.06.2025 made by petitioner pending disposal of the above writ petition in the interest of justice and pass such Counsel for the Petitioner: 1. PAMARTHY RATHNAKAR Counsel for the Respondent(S): 1. GP FOR SERVICES II 3 The Court made the following: ORDER: The present writ petition if filed questioning the inaction of the respondents in not considering the petitioner’s candidature for transfer despite opting for more than 250 stations as illegal and arbitrary. 2. Petitioner is working as School Assistant at MPUPS T.Boyamadugula Village, Varikunata Mandal, SPSR Nellore District. Petitioner exercised preference of 250 stations for consideration of his transfer. Despite the same, all those 250 stations are stated to be now filled up with respective candidates for transfer. Petitioner approached the 3rd respondent raising his grievance, which came to be disposed by proceedings dated 17.06.2025 inter alia stating that all 250 stations have been filled up with persons senior to petitioner. Petitioner has made representation dated 10.06.2025 to consider his case for transfer to any other station within the district either on deputation or on some arrangement based which is stated to be pending. 3. Heard Sri Pamarthy Rathnakar, learned counsel for the petitioner and learned Assistant Government Pleader for Services II for the respondents. 4. Learned counsel for the petitioner submits that it would suffice to direct the 4th respondent to consider aforesaid request of petitioner and pass appropriate orders. 5. Learned Assistant Government Pleader for Services II, on the other hand, has placed on record written instructions dated 26.06.2025 inter alia 4 stating that all the stations which have been opted by petitioner have already been filled by other persons senior to him and the case of the petitioner would be considered for transfer in accordance with law. 6. In view of the aforesaid submission, the writ petition is disposed by directing the 4th respondent to consider the request of the petitioner dated 10.06.2025 before affecting transfer and pass appropriate orders strictly in accordance with law. 7. Accordingly, the Writ Petition stands disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. ______________________________ JUSTICE CHALLA GUNARANJAN Date: 01st July, 2025 RKS