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2025 DAILYLAW 24381 (AP)

SHAIK ABDUL SATTAR v. THE STATE OF AP

WP/17656/2025 · 2025-07-22

Nyapathy Vijay

body2025

Judgment text

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If APHC010344522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ▼ -- V. 0 WEDNESDAY,THE TWENTY THIRD DAY OF JU TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17656 OF 2025 Between: 1. Shaik Abdul Sattar, S/o. Shaik Imam Saheb, aged about 47 years Occ E. Ramapuram, Eguva Thamballapalle Village, Kalasapadu Mandal, Y.S.R. Kadapa District, A.P. 2. Battu Surendra,, S/o. Manohar, aged about 31 Secretary Grade-VI (Digital Assistant), R/o. D.No.7/26, Chinnakathera Palle Village, Uppalur Panchayat, Muddanur Mandal, Y.S.R. Kadapa District, A.P. Panchayat Secretary Grade-V, R/o. years, Occ Panchayat ...Petitioners AND 1. The State Of Andhra Pradesh, Rep. by its PrI. Secretary, Gram Volunteers/Ward Volunteers and Village Secretariat/ Ward Secretariats Department, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Amaravathi. 2. The State of Andhra Pradesh, Rep. by its PrI. Secretary, Raj and Rural Development Department, Amaravati. Panchayat Secretariat, Velagapudi, 3. The Commissioner of Panchayat Raj and Rural Development, Government of Andhra Pradesh, PVS Icon Building, Pathuru X Road, Tadepalle, Guntur District, A.P. ■3est3:JtzZZ/t 4. The District Collector, Y.S.R. Kadapa District, Kadapa. 5. The District Collector, Annamayya District, Rayachoti. 6. The District Panchayat Officer, Maria Puram, Kadapa, Y.S.R. Kadapa District, A.P. 7. The District Panchayat Officer, Rayachoti, Annamayya District, 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 any writ, order or Direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondents in conducting transfer counselling to the Petitioners on 29.06.2025 without issuing any counselling proceedings to the Petitioners in Annamayya District only, but not in unified Y.S.R. Kadapa District and transferring the Petitioners from their respective present working stations to faraway places by way of impugned Transfer Proceedings vide Rc.No.1740/2025/A3-Pts on 30.06.2025 issued by the Respondent No.4 as illegal, arbitrary, unjust, in violation of Articles 14, 16, 19, 21 and 300-A of the Constitution of India and against the transfer guidelines specified under G.O.Ms.No.23 dated 15.05.2025 and G.O.Ms.No.5 dated 12.062025 and consequential proceedings arose therein and Proceedings vide Rc.No.1740/2025/A3-Pts on 30.06.2025 issued by the Respondent No.4 and direct the Respondents to conduct transfer counselling process afresh to the Panchayat Secretary Grade-V and VI employees including the Petitioners in Unified Y.S.R. Kadapa District only. consequently set aside ail the impugned Transfer 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 pass an interim order by suspending the impugned two Transfer Proceedings vide Rc.No.1740/2025/A3-Pts on 30.06.2025 issued by the Respondent No.4, until disposal of the above writ petition. ^^Counsel for the Petitioners: SRINIVASA RAO NARRA Counsel for the Respondent Nos.1 to 7: GP FOR SERVICES I The Court made the following order: THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.17656 of 2025 O R DE R: This writ petition is filed declaring conducting transfer counselling to the Petitioners on 29.06.2025 without issuing any counselling proceedings in Annamayya District and not in Y.S.R. Kadapa District and transferring the Petitioners from their respective present working stations to faraway places vide impugned proceedings dated Rc.No.1740/2025/A3-Pts as illegal and arbitrary. 30.06.2025 issued vide The facts leading to the filing of the writ petition are as 2. follows: The Petitioners are working as Panchayat Secretaries Grade-V and Grade-VI from 2019 and 2020 respectively. The Petitioner No.1 was working in Korlakunta Gram Panchayat, Galivedu Mandal, Y.S.R.Kadapa District, while Petitioner No.2 working at Cheemala Cheruvupalli Village, Galivedu Mandal, Y.S.R.Kadapa District. The Petitioners were appointed pursuant to notification for recruitment of Panchayat Secretaries issued in the year 2019 vide G.O.Ms.No.110 dated 19.07.2019 in Y.S.R. Kadapa District. was 3. In the year 2022, the then were bifurcated into 26 Districts and the District was divided into Y.S.R.Kadapa The State Government had i PLG. & POLICY) Department guidelines for General Transfers. existing 13 Revenue Districts erstwhile Y.S.R.Kadapa and Annamayya Districts. issued G.O.Ms.No.23 Finance (HR.I- dated 15.05.2025 providing The Respondent No.1 in consonance with G.O.Ms.No.23 dated’ G.O.Ms.No.5 Department of Grama Sachivalayams dated 15.05.2025 had issued Sachivalayams and Ward 12.06.2025 adopting the guidelines for transfers. As the Petitioners very same completed five years transfer as per the transfer policy of service, they were due for and the Petitioners were informed of counselling process for on 29.06.2025. On that day, counselling to the Petitioners transfers which would be conducted the Respondent No.7 conducted and other Panchayat employees and in the counselling process, the Petitioners opted for three places of their choice of posting the bifurcated Y.S.R.Kadapa District. in Pursuant to the counselling process, the Petitioners were transferred to Adapur Gram Panchayat, Nandalpor Mandal, Anamayya District Village, Galiveedu Mandal and Korlakunta Annamayya District vide impugned 3 proceedings dated 30.06.2025 contrary to their choice of posting. Hence, the present writ petition is filed. Learned counsel for the Petitioners would contend that the Petitioners were working in the Y.S.R.Kadapa District, but the counselling was conducted by District Panchayat Officer, Rayachoti, Anamayya District and therefore, the very counselling process is erroneous and is without jurisdiction. Learned counsel would further contend that though the Petitioners had chosen the available places for transfer in the Y.S.R.Kadappa District, as they are native of the bifurcated Y.S.R.Kadapa District, but were posted in Annamayya District contrary to their choice and in a different District and therefore, the impugned proceedings cannot 4. be sustained. Sri S.Raju, learned Assistant Government Pleader would contend that as per clause 5 (ii) of the transfer policy under G.O.Ms.No.23 dated 15.05.2025, the erstwhile District alone would be considered as unit and the cadres would be localized under the Presidential order. Therefore, the learned Assistant Government Pleader would contend that the erstwhile District is taken as unit and the counselling by the District Panchayat 5. 4 Officer, Rayachoti would not be a factor of relevance transfer orders were issued by the competent authority Collector of the erstwhile Y.S.R.Kadapa District. as the i.e. District 6. Having heard the learned G.O.Ms.No.23 dated 15.05.2025 clause 5 of prescribes procedures for transfers and postings. As per class 5 (ii), all transfers effected by treating the erstwhile Districts of transfer. Clause 5 (ii) of G.O.Ms.No.23 dated as under counsel, are as units for the purpose 15.05.2025 reads ii. All transfers shall be effected following procedures and rules of respective departments and for effecting to the the erstwhile transfers and postings of employees belonging district / zonal / multi-zonal cadres districts / zones/miilti-zones shall only be respactivelv considered as Units, in accordance with the cadres localised under the Presidential Order. 7. Though G.O.Ms.No.5 dated Respondent No.1 does not explicitly contain the however, the same would not be of G.O.Ms.No.23 dated 15.05.2025 would dated 12.06.2025. This i G.O.I)i)ls.No.23, which reads 12.06.2025 issued by above provision, any avail to the Petitioners prevail over G.O.Ms.No.5 IS apparent on a reading of Clause 6 of as as under; 5 % 6. The departments, which have unique operationai systems may devise their own transfer guidelines relevant to their departments subject to the condition that such guidelines are not contrary to these guidelines. 8. in the light of the above, there is no distinction between Y.S.R.Kadapa District and Annamayya District for the purpose of effecting transfers as the erstwhile Kadapa alone is taken as Unit in totality. The further grievance of the Petitioners that the impugned proceedings were issued without counselling and was conducted by District Panchayat Officer, Annamayya District could not be of any avail, since the erstwhile Y.S.R.Kadapa District is treated as one Unit and transfers were effected by the District Collector of erstwhile Y.S.R.Kadapa District, who is the (V \ competent authority as mentioned above. The further contention that Petitioners would not be repatriated to bifurcated Y.S.R.District is assumptive at this point of time. As regards the choice given by the Petitioners and the posting to a place where the Petitioners did not opt, this Court is of the opinion that it would not be appropriate to micro manage the District Administration with regard to the postings of the Petitioners. The posting of the Petitioners are left to the wisdom 9. 5 6 Of the District Administration. Apart from that, it is not the case of the Petitioners that the transfers manner. are exercised in mala fide Therefore, this Court does not find any merit in the contentions urged by the Petitioners. The writ petition is devoid of merit and is accordingly dismissed. No order as to costs. As a sequel, pending applications, if any, shall stand closed. SD/- N NAGAMMA , ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To. 1. One CC to Sri. Srinivasa Rao Narra, Advocate [OPUC] 2. Two CCs to GP For Services I High Court of Andhra Pradesh [OUT] 3. Two CD Copies. AL HIGH COURT DATED:23/07/2025 ORDER WPNO. 17656 OF 2025 \ 12 AUG 2025 J entSectionX^' m <9 Co it DISMISSING THE W.P. WITHOUT COSTS