APHC010347952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ( THURSDAY,THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17885 OF 2025 Between: Gadiyaram Sujatha, W/o. Late A.V. Subramanyam, aged about 55 years, Occ: School Assistant - English, R/o. D.No.17-992-31, Madhura Residency, Venugopal Nagar, Ananthapur, Ananthapur District, A.P. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its PrI. Secretary Education Department, Secretariat, Velagapudi, Amaravati. 2. The Director, School Education Department, D.No.7-104, Sri Anjaneya N.T.T.P.S. Road, Vijayawada, N.T.R. School Towers, B-Block, 4th Floor, District. 3. The Regional Joint Director of School Education, Zone-IV, Kadapa Region, Nagarajupeta, Kadapa, Y.S.R. Kadapa District. 4. The District Educational Officer, Ananthapur, Ananthapur District. ...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 Respondents in issuing impugned Transfer Order vide Rc.No. SPL/ANANTAPUR/2025 dated 41 06.06.2025 to the Petitioner by posting her to Zilla Parishad High School (ZPHS), Pathapeta, Uravakonda, Ananthapur District by miscalculating her service and without even completion of minimum 5 years service completion in her earlier working place and without even considering the Petitioners preferential transfer option under widow ground 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.22 dated 20.05.2025 and the Andhra Pradesh State Teachers Transfers Regulation Act, 2025 and consequently set aside the same and direct the Respondents to transfer the Petitioner in her post School Assistant (English) either to a nearby school situated near her residence or to Zilla Parishad High vSchool (ZPHS), Bukkarayasamudram, Ananthapur District wherein a vacancy arose on 30.06.2025. 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 pass an interim order by directing the Respondent authorities to consider the written representation dated 20.06.2025 submitted by the Petitioner and to pass appropriate orders forthwith, until disposal of the above writ petition. Counsel for the Petitioner; SRI SRINIVASA RAO NARRA Counsel for the Respondents: GP FOR SERVICES II The Court made the following order: APHC010347952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY,THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17885/2025 Between: 1.GADIYARAM SUJATHA, W/0. LATE A.V. SUBRAMANYAM, AGED ABOUT 55 YEARS, OCC SCHOOL ASSISTANT - ENGLISH, R/0. D.NO.17-992-31, MADHURA RESIDENCY, VENUGOPAL NAGAR, ANANTHAPUR, ANANTHAPUR DISTRICT, A.P. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI. 2.THE DIRECTOR, SCHOOL EDUCATION DEPARTMENT, D.NO.7-104, SRI ANJANEYA TOWERS, B-BLOCK, 4TH FLOOR, DISTRICT. N.T.T.P.S. ROAD, VIJAYAWADA, N.T.R. 3.THE REGIONAL JOINT DIRECTOR OF SCHOOL EDUCATION, ZONE-IV, KADAPA REGION, NAGARAJUPETA, KADAPA, Y.S.R. KADAPA DISTRICT. 4.THE DISTRICT EDUCATIONAL OFFICER, ANANTHAPUR, ANANTHAPUR DISTRICT. ...RESPONDENT(S): fh=, ■ f ^26 of the Constitution of India pravino H gh Court may be pleased topleased to issue any writ Ter d^c“ ra "Jte of writ of Mandamus declaring the action of Respondents in issuing impuaned 06^^202^1''m p"® ®'"‘-''^N''NfAPUR/2025 dated bchool (ZPHS), Pathapeta, Uravakonda, Ananthapur District by miscalculating her service and without even completion of Torwitho completion in her earlier working place option undIr^''^" H°"" *® preferential transfer opton under widow ground as illegal, arbitrary uniust Violation of Articles 14 16 19 21 anH a f+u U of India and against the'transfer guideTn^s pecmeT!nd°" G.O.Ms.Na22 dated 20.05.2025 and^he rn'hra Pmtsh St^e Isi^ ?h Regulation Act, 2025 and consequently set aside the same and direct the Respondents to transfer the etitioner in her post School Assistant (English) either to a nearby school situated near her residence or to Ziila Parisld wher'eifa ' Ananthapur District Wherein a vacancy arose on 30.06.2025 and pass lA NO: 1 OF 202.*^ 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 pleased to pass interim order by directing the Respondent authorities to consider the wntten representation dated 20.06.2025 submitted by the ^f 1^0^^ ^PPf°P™‘® cders forthwith, until disposal of the above writ petition and pass ^ Counsel for the Petitioner: or in an 3 1.SRINIVASA RAO NARRA Counsel for the Respondent(S): 1.GP FOR SERVICES II The Court made the following: THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.17885 of 2025 O R DE R: This writ petition is filed questioning the transfer order vide Rc.No.SPL/ANANTAPUR/2025 dated 06.06.2025 posting the Petitioner to Zilla Parishad High School (ZPHS), Pathapeta, Urvakonda, Ananthapur District without completion of five (5) years of service and without considering the preferential transfer option exercised by the Petitioner under the ground ‘widow’ as illegal and arbitrary. The Petitioner was appointed as Secondary Grade 2. Teacher in the year 1996 and her husband by name A.V.Subrahmanayam died in the year 2013. On 14.12.2021, the Petitioner was promoted to the post of School Assistant (English) and posted to Mandal Parishad Upper Primary School (MPUPS), Subsequently, pursuant to Stalin Nagar, Ananthapur. reapportionment of teaching staff vide G.O.Ms.No.21 dated 13.05.2025, the school in which the Petitioner was working was converted into a Primary School and due to which the Petitioner and other employees in the school were deemed as surplus and were informed that they will be transferred to other schools. 3. In that view, the Petitioner had exercised options and the first three options , are ZPHS KUDAIR, ZPHS ATMAKUR and ZPHS PATHAPETA and the other options disposal of this case. The Respondents have Petitioner to her third option ZPHS PATHAPETA. are not relevant for transferred the Questioning the same, the present writ petition is filed on the ground that the same is in contravention of the Andhra Pradesh State Teachers Transfers Regulation Act, 2025 as ‘widows’ were shown under 9 (a) (iii) of the Act. 4. Learned counsel for the Petitioner would contend that the Petitioner is entitled to be considered for appointment at ZPHS KUDAIR or ZPHS ATMAKUR as she has got preference from others in the said transfers. 5. Sri Keerthi Teja Kondaveeti, learned Government Pleader would contend that there no mala fide action by the Respondents and transfers were as per the seniority list of School was Assistants. It was contended that there were other individuals i Kotha Sujatha and Laddagiri Prasanna Lakshmi, who ‘widows’ and senior to the Petitioner and they had also opted ZPHS KUDAIR and ATMAKUR respectively. i.e were also to In view of their 3 seniority, they were given posting. Learned Government Pleader would submit that the transfers were affected in a fair manner. Having heard the respective counsel, this Court is of the opinion that the principle plea of the Petitioner that preference should be given to the Petitioner at ZPHS, KUDAIR and ZPHS ATMAKUR cannot be sustained as the seniors and similarly situated persons were given the postings. However, considering that the Petitioner is a ‘widow’ with young children, it would be appropriate to direct the Respondent-authorities to consider the of the Petitioner at any vacancy nearer to the erstwhile 6. case place of working. The writ petition is therefore disposed of with the following 7. directions: (i) The Petitioner shall give a representation to the Respondent- authorities seeking for reconsideration of her transfer to a place nearer to her family. (ii) The Respondent-authorities shall reconsider posting of her choice, as per the availability and vacancy rules, within a period of four (4) weeks from the date of receipt of a copy of this order without reference to the ban on transfer. 4 (iii) No order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The PrI. Secretary, School Education Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati. 2. The Director, School Education Department, D.No.7-104, Sri Anjaneya N.T.T.P.S. Road, Vijayawada, N.T.R. Towers, B-Block, 4th Floor, District. 3. The Regional Joint Director of School Education, Zone-IV, Kadapa Region, Nagarajupeta, Kadapa, Y.S.R. Kadapa District. 4. The District Educational Officer, Ananthapur, Ananthapur District. 5. One CC to Sri. Srinivasa Rao Narra Advocate [OPUC] 6. Two CCs to GP for Services II, High Court of Andhra Pradesh [OUT] 7. Two CD Copies GSC HIGH COURT DATED:17/07/2025 ORDER WP NO. 17885 OF 2025 31JUL 2025 C9 09 *s.tuTfent 3J DISPOSING THE WP WITHOUT COSTS