APHC010335282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 17225 OF 2025 Between: Gandi Ganesh Naidu, S/o. Suri Babu, Aged 37 years, Occ; Secondary Grade Teacher, MPP School, Taduru, Pachipenta Mandal, Parvathipuram Manyam 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. ...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 direction more particularly one the nature of a writ of Mandamus declaring the action of the 4*'^ respondent in issuing proceedings Rc. No. SPLA/IZIANAGARAM/2025 dated 15-06-2025 wherein transferred the petitioner from MPP School, Vemulapalli, S. Kota Mandal, Mandal, Vizianagaram District to MPP School, Taduru, Pachipenta Parvathipuram Manyam District without following the seniority and consequential proceedings issued by the 4*^ respondent vide Rc. No. 9009/A1/2025 dated 26-06-2025 wherein issued the speaking order without any proper reason is illegal, arbitrary, unjust, contrary to the Rules framed by the 1®' respondent vide GO Ms No. 22 School Education (Services.il) 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 Mandal, Vizianagaram District in the arising at MPPS, S.Kota-ll, S.Kota vacancy on 01-09-2025 due to retirement on 31-08-2025. 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 operation of the proceedings Rc. No. SPLA/IZIANAGARAM/2025 dated 15-06-2025 and Rc. No. 9009/A1/2025 dated 26-06-2025 issued by the 4“^ respondent by directing the respondents to transfer and post the petitioner at MPPS, S.Kota-ll, S. Kota Mandal, Vizianagaram District in the arised vacancy on 01-09-2025 due to retirement on 31-08-2025, pending disposal of the above 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 to direct the 3^^ respondent to consider and dispose of the appeal dated 03-07-2025 made by the petitioner by taking into consideration of the vacancy which is going to arise at MPPS, S.Kota-ll, S. Kota Mandal, Vizianagaram 0^^ r District on 01- 09-2025 due to retirement on 31-08-2025, pending disposal of the above writ petition. Counsel for the Petitioner: M/s. KAVITHA GOTTIPATI Counsel for the Respondent Nos.1 to 4: GP FOR SERVICES II The Court made the following order: APHC010335282025 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: 17225/2025 Between: 1.GANDI GANESH NAIDU, S/0. SURI BABU, AGED 37 YEARS, OCC. SECONDARY GRADE TEACHER, MPP SCHOOL, TADURU, PACHIPENTAMANDAL, PARVATHIPURAM MANYAM DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1.THE STATE OF AP, 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 in the nature of a writ of Mandamus declaring the action of the respondent T CGR, J. W.P.No, 17225 of 2025 in issuing proceedings Rc. No. SPLA/IZIANAGARAM/2025 dated 15- 06-2025 wherein transferred the petitioner from MPP School, Vemulapalli, S. Kota Mandal, Vizianagaram District to MPP School, Taduru, Pachipenta Mandal, Parvathipuram Manyam District without following the seniority and consequential proceedings issued by the 4th respondent vide Rc. No. 9009/A1/2025 dated 26-06-2025 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.il) 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 MPPS, S.Kota-ll, S.Kota Mandal, Vizianagaram District in the arising vacancy on 01-09-2025 due to retirement on 31-08-2025 and pass Counsel for the Petitioner: 1.KAVITHAGOTTIPATI Counsel for the Respondent(S): 1.GPFOR SERVICES II The Court made the following: 3 CGR, J. WPNo.17225of2025 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN Writ Petition No.17225 of 2025 ORDER: Heard learned counsel for the petitioner and learned Additional Advocate General appearing on behalf of learned Government Pleader for Services-ll appearing for the respondents. 2. Petitioner is working as Secondary Grade Teacher at M.P.P. School, Vemulapalli, S. Kota Mandal, Vizianagaram District, and transferred to M.P.P. School, Taduru, Pachipenta Mandal, Parvathipuram Manyam District, as per proceedings, dated 15.06.2025, issued by the 4**^ respondent. Petitioner states that as per the seniority list prepared for the purpose of undertaking general transfers, he has been placed at SI.No.1238 and that he has made as many as 1125 options as preferences, but, he came to be accommodated at preference No.878 and juniors to him came to be transferred at his preferences viz., S. Kota Mandal, which is closer to his location. Immediately, petitioner has made appeal on 03.07.2025 before the 3'''^ 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 his choice of preferences. junior to him came to be accommodated in places where he preferred. CGR, J W P,No.17225of 2025 which is contrary to the Andhra Pradesh State Teachers (Regulation of Transfers) Rules, 2025 (for short, “the Rules”). Learned Additional Advocate-General appearing on behalf of learned Government Pleader for Services-ll 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 2'^^ respondent with respect to the cluster vacancies. 4. 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 5. of. 6. In view of the same, the writ petition is disposed of directing the 3^^ 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.17225 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. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Andhra Pradesh, 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. 5. One CC to M/s. Kavitha Gottipati, Advocate [OPUC] 6. Two CCs to GP for Services-ll, High Court of Andhra Pradesh [OUT] 7. Two CD Copies School Education Department, State of Secretariat Buildings, Velagapudi, Amaravathi, ssb ssb HIGH COURT DATED:11/07/2025 ORDER WP No.17225 OF 2025 o g njuLaos ml, to ^ . Current Section DISPOSING OF THE W.P WITHOUT COSTS '■Ih i :' # '