APHC010329442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 17152/2025 Between: 1. SMT. KUSUMANCHI BHAGYA LAKSHMI,, W/O. G. SRINIVASA RAO AGED 47 YEARS, OCC SCHOOL ASSISTANT (TELUGU), ZP HIGH SCHOOL, UDDAVOLU, THERLAM MANDAL, VIZIANAGARAM DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DIRECTOR OF SCHOOL EDUCATION, ANDHRA PRADESH, D. NO. 398/3, VIDYA BHAVAN, VENKATADRI TOWERS, ATMAKUR, MANGALAGIRI MANDAL, GUNTUR DISTRICT. 3. THE REGIONAL JOINT DIRECTOR OF SCHOOL EDUCATION, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 4. THE DISTRICT EDUCATIONAL OFFICER AND MEMBER SECRETARY, VIZIANAGARAM DISTRICT, VIZIANAGARAM, A.P. ...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, order direction more particularly one the 2 CGR, J. W.P.No.17152 of 2025 nature of a writ of Mandamus declaring the action of the 4th respondent in issuing proceedings Rc. No. SPL/VIZIANAGARAM/2025 dated 06- 06-2025 wherein transferred the petitioner from MPUP School, Jakkuva, Mentada Mandal, Vizianagaram District to ZP High School, Uddavolu, Therlam Mandal, Vizianagaram District without following the seniority and consequential proceedings issued by the 4th respondent vide Rc. No. 9009/A2/2025 dated 19- 06-2025 wherein issued the speaking order without any proper reason is illegal, arbitrary, unjust, contrary to the Rules framed by the 1st respondent vide GO Ms No. 22 School Education (Services.II) Department dated 20-05-2025 and violative of Article 14 and 16 of the Constitution of India and consequently set aside the same by directing the respondents to consider the request of the petitioner for transfer and posting at ZPHS, Maradam, D. Rajeru Mandal, Vizianagaram District which is going to arise on 01-01-2026 due to retirement on 31-12-2025 Counsel for the Petitioner: 1. KAVITHA GOTTIPATI Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following: 3 CGR, J. W.P.No.17152 of 2025 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN Writ Petition No.17152 of 2025 ORDER: Heard learned counsel for the petitioner and learned Additional Advocate General appearing on behalf of learned Government Pleader for Services-II appearing for the respondents. 2. Petitioner is working as School Assistant with Telugu at M.P.U.P. School, Jakkuva, Mentada Mandal, Vizianagaram District, and transferred to Z.P. High School, Uddavolu, Therlam Mandal, Vizianagararm District, as per proceedings, dated 06.06.2025, issued by the 4th respondent. Petitioner states that as per the seniority list prepared for the purpose of undertaking general transfers, she has been placed at Sl.No.120 and that she has made as many as 147 options as preferences, but, she came to be accommodated at preference No.116 and junior to her came to be transferred at her preferences 12, 17 and 95. Immediately, petitioner has made appeal on 20.06.2025 before the 3rd respondent and the same is stated to be pending. 3. Learned counsel for the petitioner tried to persuade this Court that despite petitioner being senior and ignoring her choice of preferences, junior to her came to be accommodated in places where she preferred, 4 CGR, J. W.P.No.17152 of 2025 which is contrary to the Andhra Pradesh State Teachers (Regulation of Transfers) Rules, 2025 (for short, “the Rules”). 4. Learned Additional Advocate-General appearing on behalf of learned Government Pleader for Services-II for the respondents, on the other hand, submits that transfers have been effected considering the vacancies available as on 31.05.2025 and also having regard to the Memo., dated 22.05.2025, issued by the 2nd respondent with respect to the cluster vacancies. 5. This Court is not inclined to go into the merits of the matter and examine as to whether the transfers are effected rightly or wrongly, but, however, it seems petitioner has already preferred appeal in terms of Rule 18 of the Rules, which provided redressal mechanism and that the said appeal is pending, the petitioner is relegated to pursue the same. The Rules also provided that appeal has to be decided within 15 days. However, despite expiry of aforesaid period, still appeal is not disposed of. 6. In view of the same, the writ petition is disposed of directing the 3rd respondent to dispose of the appeal preferred by the petitioner within one week from the date of receipt of a copy of this order strictly in accordance with the transfer Rules and Regulations and in the process 5 CGR, J. W.P.No.17152 of 2025 the respondents are at liberty to consider the request of the petitioner to accommodate in any of the vacancies available. No order as to costs. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. _____________________________ JUSTICE CHALLA GUNARANJAN Date11.07.2025. cs