APHC010320012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE TWENTY NINETH DAY OF JUlK TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION Nos. 16094 AND 17239 OF 2025 NW ^.1 WRIT PETITION No.16094 OF 2025 Between: Dr. Paleti Srinivasulu, S/o Malkondaiah, Uluvapadu, Praksam, Office of Deputy Director, Kandukur aged 54 years, Assistant Director Prakasam ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by Principal Secretary Government, Animal Husbandry Dept., AP Secretariat, Velagapudi Guntur District, PIN- 522 238. 2. Director of Animal Husbandry, Directorate to of Animal Husbandry, NTR Veterinary Super Specialty Hospital Premises, Labbipet, Vijayawada- 520010 3. Additional Director(AH), Directorate Veterinary Super Specialty Hospital Premises 520010 of Animal Husbandry Labbipet, Vijayawada- NTR 4. Joint Director(AH), Department of Animal Husbandry Prakasam 5. The Andhra Pradesh Animal Husbandry Officers Prakasam dist. Branch. 6. Dr. M. Aruna, W/o -not known to the petitioner. Office of Deputy director AH dist. Service Association petitioner, Age - not known to the Kandukur, Prakasam dist., AP. ...RESPONDENTS Petition under Article 226 of the Constitution of India crcumstances stated in the affidavit fiied therewith pleased to issue praying that in the the High Court may be particularly one in the nature of Writ a writ, order or direction of Mandamus setting aside the impugned order, as illegal, arbitrary, unjust, improper motive for ulterior unfair, iimproper, bias, grudge, oblique. purpose, and P1 f m ''iolat.on of Articies 14, 16 and 21 Of the Constitution of India and consequently direct the Respondents to retain the Petitioner in the current location mala fide and as office of DD, Kandukur. jA NO: 1 OF Petition under Section 151 CPC in the affidavit filed i praying that in the circumstances stated in support of the petition, the High Court may be pleased to impugned order, retaining the pass a speaking order considering the suspend the effect and operation of the i Petitioner in the current place and Petitioner’s association/federation representation . jA NO: 2 OF ?n:>R Between: Dr. M. Aruna, W/o. P, Srinivasulu , Director(AH), Kandukur, SPSR Nellore Naidu, Aged about 44 District, Andhra Pradesh, -..petitioner/respondent years,Occ; Deputy AND 1- Dr. Paleti Srinivasulu, S/o Malkondaiah, Director(AH), R/o. Uluvapadu, Praksam Office of Deputy Director, Kandukur, aged 54 years, Occ; Assistant District Presently working at the Prakasam. ...respondent/petitioner Represented by Principal Secretary Husbandry Dept., AP Secretariat, 2. The State of Andhra Pradesh, Government, Animal i Guntur District, PIN- 522 238 to Velagapudi 3. Director of Animal Husbandry, Directorate of Animal Husbandry, NTR Veterinary Super Specialty Hospital Premises, Labbipet, Vijayawada- 520010 4. Additional Director(AH), Directorate of Animal Husbandry Veterinary Super Specialty Hospital Premises, Labbipet, Vijayawada- 520010 5. Joint Director(AH), Department of Animal Husbandry Prakasam dist. 6. The Andhra Pradesh Animal Husbandry Officers Service Association, Prakasam District Branch, Represented by its President/Secretary . NTR ...RESPONDENTS 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 vacate the interim orders dated;01.07.2025 in WP No. 16094 of 2025 and dismiss the Writ Petition. Counsel for the Petitioner; SRI TAGORE YADAV YARAGORLA Counsel for the Respondent Nos.1 to 5: GP FOR SERVICES I Counsel for the Respondent No.6: SRI G. V. S. KISHORE KUMAR APHC010342712025 WRIT PETITION NO: 17239 OF 2025 Between: Mekala Aruna, W/o P.Srinivaulu Naidu, Aged about 44 years, Occ: Assistant Director AH, O/o.Deputy Director, Kandukur, Prakasam District, Andhra Pradesh. ...PETITIONER AND 1. The State of Andhra Pradesh, Government for Animal Husbandry District, PIN 522 238. 2. The State of Andhra Pradesh Represented by its Principal Secretary ., AP Secretariat, Velagapudi, Guntur to Rep. by its Principal Secretary to GAD . AP Secretariat, Velagapudi, Guntur District, PIN 522 238. 3. The Director of Animal Husbandry, NTR Veterinary Super Specialty Hospital Premises, Labbipet, Vijayawada- 520010 4. The District Collector, Prakasam District. 5. The Joint Director(AH), Department District. of Animal Husbandry, Prakasam 6. The Andhra Pradesh Animal Prakasam District Branch, 7. Dr Paleti Srinivasulu, S/o Director (AH) Ulavapadu, Kandukur,, Prakasam. Husbandry Officers Service Association, Represented by its President/Secretary Malkondaiah, Aged 54 years. Assistant Prakasam District, O/o Deputy Director (AH) ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the I, the High Court may be 'T^ore particularly one on the nature • of Wnt of Certiorified Mandamus to call for the records and declare the of the 3« respondent in permitting the respondent no.7, a native of Ulavapadu Mandal, Kandukur Division, Nellore District to continue for a period of more than circumstances stated in the affidavit filed therewith pleased to issue a Writ, order or direction action 672 vide years, R0C.N0.I3373/BI/2025, dt.04.07.2025 revised application form for transfers proceedings of respondent , on suppression of column No.6 in the issued by the respondent no.3 and in sheer contravention to G.O.Ms.No.157 of Animal Husbandry Dept., Dt. 3.2008 and in conflict of Circular Memo No.Roc.No.13373/B1/2025. .05.2025, issued by the respondent no.3, under the guise of that the respondent no.7 ,s a member of the respondent no.6 employees association to continue at Kandukur Division no.3 in at Nellore District as the respondent no.7 secured an interim order dt.01.07.2025 in I.A.No.1 of 2025 in WP No. 16094 of 2025 on suppressing the material facts and by playing fraud on the administration of justice and in furtherance of the same reverting the petitioner to Hindupur District, vide proceedings of respondent no.3 in Roc.No.13373/B1/2025, dt.04.07.2025 despite the fact the office of the respondent no.5 has shown a clear vacancy for the post of Assistant Director, Kandukur Division, Prakasam District vide counselling proceedings for transfers dt. 19.05.2025 as illegal, arbitrary, unreasonable, vitiated by fraud played by the respondent no.7 and in violation Principles of Natural Justice and in violation of of Articles 14 and 16 of the Constitution of India and consequently prayed to a. To set aside the impugned proceedings of respondent no.2 in Roc.No.13373/B1/2025, dt.04.07.2025 as the same are in sheer contravention to G.O.Ms.No.157 of Animal Husbandry Dept., Dt.19.03.2008 and in conflict of Circular Memo N0.ROC.NO.i3373/B i/2O25, dt.20.05.2025, issued by the respondent no.3 and enable the petitioner to discharge her duties as Assistant Director, Kandukur, Nellore District, in terms of the Proceeding issued by the respondent no.3 in R0C.N0.I3373/BI/2025, dt.09.06.2025, wherein the petitioner stood at SI.No. 147 of the said proceedings. b. To call for the original revised transfer application issued by the respondent no.3 for the purpose of choosing work place options for transfer of its employees on request and the transfer application submitted by the respondent no.7 c To call for the original records of the respondent no.6 Association and whether the respondent 2&4 no. scrupulously SWOSERA/13/2024/SWfollowing, Dt.22.05.2025 issued by the office of the respondent no.2. are Circular Memo N0.GADOI- 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 the impugned proceedings of respondent set aside no.2 in Roc.No.13373/B1/2025 clt.04.07.2025 as the same 3re in sheer of Animal Husbandry Dept, Dt. 19.03.2008 N0.R0C.N0.13373/B1/2025, contravention to G.O.Ms.No,157 and in conflict of Circular Memo issued by the respondent clt.20.05.2025, to discharge her in terms of the R0C.N0.I3373/BI/2025, SI.No.147 of the said no.3 and enable the petitioner , Kandukur, duties as Assistant Director Proceeding issued Nellore District no.3 in by the respondent the petitioner stood dt.09.06.2025, wherein proceedings. at jA NO: 3 OF in me <=.cu.s,ances stated affidavit filed in support of the petition, the High Court call for the original revised for the on request and the transfer application lA NO: 4 OF may be pleased to respondent no.3 employees no.7. transfer application issued by the purpose of choosing work place options for transfer of its submitted by the respondent in the ^'ittr tances stated me affidavit filed in support of the petition, the High Court call for the original records may be pleased to no.6 Association and whether scrupulously following Circular of the respondent the respondent no.2 & 4 are Memo office of NO.GADOI- SWOSERA/13/2024/SW Dt.22.05.2025 issued by the the respondent no.2. lA NO: 5 OF Petition under Section in the affidavit filed i adjudicate the 151 CPC praying that in the circumstances stated in support of the petition, the High Court maintainability of the Writ application by dismissing the Writ may be pleased to petition Consequently allow this petition (W.P. No. 17239 OF 2025) as not maintainable. Counsel for the Petitioner; SRI G. V. S. KISHORE KUMAR Counsel for the Respondent Nos.1 to 6: GP FOR SERVICES-I Counsel for the Respondent No.7:— The Court made the following; COMMON ORDER THE HON'BLE SRI JUSTICE NYAPATHY VIJAY W.P.Nos.16094 & 17239 of 2025 COMMON ORDER: As the issue in these writ petitions is common, with the consent of both the learned counsel, the writ petitions are disposed of by a common order. W.P.No. 16094 of 2025 is taken up as lead case and the 2. parties are referred to as they arrayed in the said writ petition. The facts leading to filing of W.P.No. 16094 of 2025 are as 3. follows; The Petitioner was appointed as Assistant Director in the While so. Animal Husbandry Department on 30.10.2018. G.O.Ms.No.23 Finance (HR.I-PLG & Policy) Department dated 15.05.2025 was issued by the State Government lifting ban on transfers and framed certain guidelines for transfers. As per the transfer policy enumerated in the G.O., the employees who have completed five years of continuous stay in a station as on 31.05.2025 shall invariably be transferred. The Petitioner pleads that he is serving as Vice President of Andhra Pradesh Animal Husbandry Office Association and he is entitled to be retained as 2 per clause 5(v)(a) of the transfer policy referred the same, the Petitioner District vide above. In spite of was transferred to Hindupur. Ananthapur dated In the place of the (Petitioner in W..P.No. 17239 of writ petition. proceedings in Proc.Roc.No.13373/B1/2025 09.06.2025 issued by Respondent No.2. Petitioner, Respondent No.6 2025) was appointed. Hence, the 4. This Court on 01.07.2025 passed interim order Pursuant to the interim suspending the transfer of the Petitioner. Respondent Roc. No. 13373/B1/2025 order, No.2 issued proceedings revising the posting of Deputy Director (AH), vide dated 04.07.2025 order of the Petitioner to the Office Kandukur, Prakasam District. 5. Questioning this proceedings, Respondent No,6 fiied W.p.No.17239 of 20205 Kandukur Division as it was shown vacant contending that the she had opted for in the options given for Hindupur and joined in On account of the order passed by on 04.07.2025, the transfer of the Petitioner transfers and she had been relieved from the post of the Petitioner. Respondent No.2 IS in uncertain state and as Respondent No.6 had been relieved from Hindupur, her posting in Kandukur is under cloud. 3 Respondent No.6 contended that the Petitioner is a native 6. of Uiavapadu Mandal, Kandukur Division, Nellore District and has been continuing in the same place for more than 6 72 years contrary to G.O.Ms.No.157 General Administration (Service-A) Department dated 19.03.2008 and in conflict with circular memo R0C.N0.I3373/BI/2025 dated 20.05.2025. It is further contended that continuance of the Petitioner is in violation of G.O.Ms.No.157 dated 19.03.2008 since the Assistant Directors of Animal Husbandry Department and other than those posted in Divisional Administration may be posted in their native District, but not within native Mandals/Divisions. Further, it is submitted that a circular was also issued on 20.05.2025 vide Circular Memo N013373/BI/2025, wherein the nativity was specifically asked. Learned counsel for the Petitioner further submits that 7. G.O.Ms.No.157 dated 19.03.2008 has no application to the facts of the case in view of‘issuance of G.O.Ms.No.45, AHDD & F (AH.I) Department dated 09.09.2015 and G.O.Ms.No.28 Animal Husbandary, Dairy Development & Fisheries (AH-I) Department dated 05.07.2018, wherein posts in the Animal Husbandry Department were re-structured and re-located. 4 8. According to the learned G.O.Ms.No.157 dated 19.03.2008 counsel for the Petitioner, was issued when Assistant the Divisional view of subsequent G.Os referred above, was being headed by Divisional Directors in Animal Husbandry Department heading Administration, but in vi the Divisional Administration Assistant Director. 9. Learned Government Pleader Sri S.Raju counsel for Respondent No.6 as well as learned reiterate their instructions and contended that G.O.Ms.No.45 dated 09.09.2015 and G.O.rv1ti.No.28 dated 05.07.2018 G.O.Ms.No.157 dated 19.03.2008 same in either of those G.Os. would further submit that the order of transfer G.O.Ms.No.23 dated 15.05.2025 as the Petitioner i Ulavapadu Mandal, which falls under the Division in erstwhile Prakasam District and account of G.O.Ms.No.157. have no bearing as there is no reference of the on Learned Government Pleader is not in violation of IS a native of jurisdiction of Kandukur the transfer was on 10. Heard Sri G.V.S.Kishore Kumar, learned Petitioner and learned Government Pleader for Services counsel for the -I. •'X I 5 11. The G.O.Ms.No.157 dated 19.03.2008 was issued providing guidelines for posting of Gazetted Officers to their native District. Clause 4 there of reads as under; 4. The Assistant Directors of Animal Husbandry Department Other than those posted in Divisional Administration may be posted In their native district but not within their native Mandals/Divisions. The Assistant Directors shall be posted to work in the dispensaries etc., G.O.Ms.No.45 dated 09.09.2015 and G.O.Ms.No.28 dated 12. 05.07.2013 does not refer to G.O.Ms.No.157 dated 19.03.2008. Therefore, the contention of the counsel for the Petitioner that the G.O.Ms.No.157 should be re-examined in the light of changed scenario is not sustainable. Apart from that, the Circular Memo NO.13373/B1/2025 dated 20.05.2025 issued by Respondent No.2 specifies that all Veterinary Assistant Surgeon Posts shall not be ) filled in their native Mandal and Assistant Director (AH) post shall not be filled in their native Division in the general transfers 2025. The relevant portion of the circular is extracted below; In continuation of the instructions Issued vide reference cited, all the District Animal Husbandry Officers (Erstwhile districts) in the State and all the State Level Officers in the State are hereby Informed 6 that the Veterinary Assistant Surgeon posts shall not be filled in their native Mandal and Assistant Director (AH) posts shall not be filled in their native Division in General Transfers 2025. The Petitioner being Assistant Director (AH)-l is not entitled to be posted in Kandukur Division which is the native Division of 13. the Petitioner and in view of the circular referred above, the Petitioner cannot seek for continuance in the said place. 14. Nextiy, the contention that Petitioner should be retained at Kandukur as he is an Office bearer of Employees’ Association cannot be a ground to retain the Petitioner at the same place the Petitioner is a native of Kandukur Division. as Even, if the transfer order is not in consonance with transfer policy, still the Courts cannot interfere as held by the Hon’ble Supreme Court in Shilpi Bose (Mrs) v. State of Bihar\ The relevant portion of the order reads as under; ‘ Even if a transfer order is passed in violation of executive instructions or orders, the courts ordinarily should not interfere with the order instead affected party should approach the higher authorities in the department, if the courts continue to interfere with day-to-day transfer orders issued by the government and its subordinate authorities, 1991 Supp (2) see 659 there will be complete chaos would not be conducive to public interest ’ in the administration which 15. Even otherwise, there i bearers to be transferred no absolute bar for the Office even before completion of nine (9) years and the Office bearers can be transferred on valid IS reasons. 16. In view of the above the interim order passed 01.07.2025 IS set aside and the W.P.No.16094 on of 2025 is dismissed. 17. In view of dismissal of W.P. No. 16094 of 2025, W.P.No.17239 of 2025 is allowed and the impugned proceedings dated 04.07.2025 is set aside. No order as to costs. As a sequel, pending applications. if any, shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTER //TRUE COPY// S N OFFICER To, 1. The Principal Secretary to Government for Animal Husbandry Andhra Pradesh, AP Secretariat, , State of Velagapudi, Guntur District, PIN 522 238. 2. The Principal Secretary to GAD AP Secretariat, State of Andhra . PIN 522 238. Pradesh, Velagapudi, Guntur District 3. The Director of Animal Husbandry, NTR Veterinary Super Hospital Premises, Labbipet, Vijayawada- 520010 4. The District Collector, Prakasam Specialty District. 5. The Joint Director(AH), Department of Animal Husbandry, Prakasam District. 6. The President/Secretary. Andhra Pradesh Animal Husbandry Officers Service Association, Prakasam District Branch. 7. One CC to Sri Tagore Yadav Yaragorla, Advocate [OPUC] 8. One CC to Sri G. V. S. Kishore Kumar, Advocate [OPUC] 9. Two CCs to GP for Services-I, High Court of Andhra Pradesh [OUT] 10. Two CD Copies. ssb HIGH COURT DATED:29/07/2025 COMMON ORDER WP Nos.16094 AND 17239 OF 2025 D 5 AUG 20?5 | 4!^ . Currenl Seciion DISMISSING THE W.P. No.16094 of 2025 & ALLOWING THE W.P. No.17239 of 2025 WITHOUT COSTS