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2025 DAILYLAW 23775 (AP)

AMUJURU BHADRAVATHI v. THE STATE OF AP

WP/17200/2025 · 2025-07-10

Challa Gunaranjan

body2025

Judgment text

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fv J ! , APHC010335292025 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: 17200 OF 20?*^ 7: Between: Amujuru Bhadravathi, D/o. Satyanarayana, Aged 40 years, OccSecondary Grade Teacher MPUP School, Parvathipuram Manyam District, Andhra Pradesh Mathumuru, Pachipenta Mandal, ...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 Bhavan, Venkatadri Towers, District. 3. The Regional Joint Director Visakhapatnam District. 4. The District Educational Officer District, Vizianagaram, A.P. Andhra Pradesh, D. No. 398/3, Vidya Atmakur, Mangalagiri Mandal Guntur of School Education, Visakhapatnam, & Member Secretary, Vizianagaram ...RESPONDENTS 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 Petition under Article 226 of the 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 petitioher from MPP School, Chukkavanipalem, S, Kota Mandal, Vizianagaram District to MPUP School Mathumuru, Pachipenta Mandal, Parvathipuram Manyam District without following the seniority and consequential proceedings issued by the 4*^ 9009/A1/2025 dated 26-06-2025 wherein issued the speaking order without any proper reason is iiiegai, arbitrary, unjust, contrary to the Rules framed by the 1ST respondent vide GO Ms No. respondent vide Rc. No. 22 School Education (Services.il) and violative of Article 14 Department dated 20-05-2025 Constitution of India and 16 of the consequently set aside the same by directing the respondents to consider the request of the petitioner for at MPPS, Kudduvalasa, L.Kota Mandal transfer and posting Vizianagaram District in the arised vacancy on 01-07-2025 due to retirement on 30-06-2025. lA NO: 1 OF 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 4 respondent by directing the respondents to transfer at MPPS, Kudduvalasa, L. Kota Mandal / 26-06-2025 issued by the and post the petitioner Vizianagaram District in the arised on 30-06-2025, pending disposal of vacancy on 01-07-2025 due to retirement the above writ petition. [A NO: 2 OF 2()9R Petition under Section 151 CPC in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3"'^ respondent to consider and praying that in the circumstances stated dispose of the appeal dated 03-07- 2025 made by the petitioner by taking arised on 01- 07-2025 at MPPS, Kudduvalasa, into consideration of the vacancy L.Kota Mandal, Vizianagaram District due to retirement on 30-06-2025, pending disposal of the above petition. Counsel for the Petitioner: M/s. KAVITHA GOTTIPATI Counsel for the Respondent Nos.1 to 4: GP FOR SERVICES The Court made the following order: writ II APHC010335292025 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: 17200/2025 Between; 1.AMUJURU BHADRAVATHI, D/O. SATYANARAYANA, AGED 40 YEARS, OCCSECONDARY GRADE TEACHER, MPUP SCHOOL, PARVATHIPURAM MANYAM DISTRICT, ANDHRA PRADESH ...PETITIONER MATHUMURU PACHIPENTA MAN DAL, 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, VENKATADRITOWERS, ATMAKUR, MANGALAGIRI MANDAL, GUNTUR DISTRICT. 3.THE REGIONAL JOINT DIRECTOR OF SCHOOL EDUCATION VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 4.THE DISTRICT EDUCATIONAL OFFICER 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 4TH CGR, J. W.P. No. 17200 of 2025 respondent in issuing proceedings Rc. No. SPLA/IZiANAGARAM/2025 dated 15-06-2025 wherein transferred the petitioner from MPP Schooi hukkavanipaiem, S. Kota Mandal, Vizianagaram District to MPUP School, Mathumuru, 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 (Lrvices il) Department dated 20-05-2025 and violative of Article 14 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, Kudduvalasa, L.Kota Mandal, Vizianagaram Distrfct in the arisen vacancy on 01-07-2025 due to retirement on 30-06-2025 sriQ p3SS Counsel for the Petitioner: 1.KAVITHA GOTTI PATI Counsel for the Respondent(S): 1.GP FOR SERVICES II The Court made the following: CGR, J. W.P.No. 17200 of 2025 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN Writ Petition No.17200 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. Petitioner is working as Secondary Grade Teacher at M.P.P. School, Chukkavanipalem, S.Kota Mandal, and transferred to M.P.U.P. School, Mathumuru, 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, she has been placed at SI.No.1204 and that she has made as many as 1125 options as preferences, but, she came to be accommodated at preference No.867 and juniors to her came to be transferred at her preferences viz., S. Kota Mandal, which is closer to her location. Immediately, petitioner has made appeal on 03.07.2025 before the 3'^^ respondent and the same is stated to be pending. 2. 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. 3. CGR, J. W.P. No. 17200 of 2-025 Which is contrary to the Andhra Pradesh State Teachers (Regulation of Transfers) Rules, 2025 (for short, “the Rules”). I 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 the cluster vacancies. 4. respect to 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 said appeal is pending, the petitioner is relegated to pursue the same. the The Rules also provided that appeal has to be decided within 15 days. However, despite expiry of aforesaid period, stiii appeai is not disposed of. 6. in view of the same, the writ petition is disposed of directing the 3'‘< respondent to dispose of the appeai preferred by the petitioner within one week from the date of receipt of a copy of this order strictiy in accordance with the transfer Ruies and Regulations and in the process 5 CGR, J. W.P.No,17200 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/- J. SAROJA ASSISTANT REGISTRAR //TRUE COPY// N OFFICER S To, 1. The Principal Secretary, School Education Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Director of School Education, Andhra Pradesh, D. No. 398/3, Vidya Bhavan, VenkatadriTowers, Atmakur, Mangalagiri Mandal, Guntur District. 3. The Regional Joint Director of School Education, Visakhapatnam, Visakhapatnam District. 4. The District Educational Officer & 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 ssb HIGH COURT DATED:11/07/2025 ORDER WP No.17200 OF 2025 2 3JUL 2025 o 09-' "^^SOyrrentSectjgpxCy DISPOSING OF THE W.P. WITHOUT COSTS