APHC010356832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18186 OF 2025 Between: Tompala Sandhya Rani, D/o T. Suryanarayana, Aged about 33 years, R/o D. No. 2-51, SC Street, Dolapeta Village, Rajam Mandal, Srikakulam District, Andhra Pradesh-532127. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Agriculture, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary (FAC), Department of Grama Sachivalayam and Ward Sachivalayam Secretariat Velagapudi, Amaravati, Guntur District. 3. The Director Grama Sachivalayam and Ward Sachivalayam Department, Jawahar Auto Nagar, Vijayawada. 4. The District Collector, Srikakulam District at Srikakulam. 5. The District Agricultural Officer, Srikakulam District at Srikakulam. 6. Maralla Abhishek, S/o M. Krishna Murthy, Kondampeta, Rajam, Anjaneya Colony, Srikakulam District, Andhra Pradesh-532127 Mobile 8522828503 ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the j pircumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondent No.5 in issuing Proceedings issued vide Procs.No. Estt.(2)214/2025 dated 30.06.2025 i.e., transferring the petitioner from Komera Village Secretariat. Mandal to Kopparavalasa Village Secretariat, Vangara-R Mandal modifying previously issued transfer proceedings, as illegal, arbitrary and violative of principles of natural justice and Articles 14 and 21 of the Constitution of India and set-aside the said Procs. No. Estt.(2)214/2025 dated 30.06.2025 i.e., transferring the petitioner from Komera Village Secretariat, R. Amadalavalasa Mandal to Kopparavalasa Village Secretariat, Vangara-R. R. Amadalavalasa 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 Proceedings issued vide Procs.No. issued by the Respondent No.5 i.e., transferring the petitioner from Komera Village Secretariat, R. Amadalavalasa Mandal to Kopparavalasa Village Secretariat, Vangara-R Mandal disposal of the main Writ Petition. Estt.(2)214/2025 dated 30.06.2025 pending Counsel for the Petitioner: Mis. MANDALIKA KAVYA SUDHA Counsel for the Respondent Nos.1 to 5: GP FOR SERVICES I Counsel for the Respondent No.6:— The Court made the following order: 0^ APHC010356832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18186/2025 Between: 1.TOMPALA SANDHYA RANI. D/0 T SURYANARAYANA, AGED ABOUT 33 YEARS, R/0 D. NO. 2-51, SC STREET, DOLAPETA VILLAGE. RAJAM MANDAL, SRIKAKULAM DISTRICT, ANDHRA PRADESH- 532127. ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF AGRICULTURE, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY (FAC). DEPARTMENT OF GRAMA SACHIVALAYAM AND WARD SACHIVALAYAM, SECRETARIAT VELAGAPUDI. AMARAVATI, GUNTUR DISTRICT. 3.THE DIRECTOR GRAMA SACHIVALAYAM AND WARD SACHIVALAYAM DEPARTMENT, JAWAHAR AUTO NAGAR, VIJAYAWADA. 4.THE DISTRICT COLLECTOR, SRIKAKULAM DISTRICT AT SRIKAKULAM. 5.THE DISTRICT AGRICULTURAL OFFICER, SRIKAKULAM DISTRICT AT SRIKAKULAM. 6.MARALLA ABHISHEK, S/0 M. KRISHNA MURTHY, ANJANEYA COLONY, KONDAMPETA, RAJAM. SRIKAKULAM DISTRICT. ANDHRA PRADESH-532127 MOBILE 8522828503 ...RESPONDENT(S): 2 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 topleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondent No.5 in issuing Proceedings issued vide Procs.No. Estt. (2)214/2025 dated 30.06.2025 i.e., transferring the petitioner from Komera Village Secretariat, R. Amadalavalasa Mandal to Kopparavalasa Village Secretariat, Vangara-R Mandal modifying previously issued transfer proceedings, as illegal, arbitrary and violative of principles of natural justice and Articles 14 and 21 of the Constitution of India and set-aside the said Procs.No. Estt.(2)214/2025 dated 30.06.2025 i.e., transferring the petitioner from Komera Village Secretariat, R. Amadalavalasa Mandal to Kopparavalasa Village Secretariat, Vangara-R and pass 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 pleased to suspend the operation of Proceedings issued vide Procs.No. Estt.(2)214/2025 dated 30.06.2025 issued by the Respondent No.5 i.e., transferring the petitioner from Komera Village Secretariat, R. Amadalavalasa Mandal to Kopparavalasa Village Secretariat, Vangara-R Mandal, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. MANDALIKA KAVYA SUDHA Counsel for the Respondent{S): 1.GP FOR SERVICES I The Court made the following: I 3 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.18186 OF 2025 ORDER: The present writ petition is filed questioning the transfer order dated 30.06.2025 vide Proceedings No.Estt. (2)214/2025, transferring the Petitioner from Komera Village Secretariat, R. Amadalavalasa Mandal to Kopparavalasa Village Secretariat, Vangara-R Mandal as illegal and arbitrary. The case of the Petitioner is that she was initially appointed as 2. Village Agriculture Assistant (Grade-ll) on 03.11.2019 in the Department of Agriculture through District Selection Committee-2019. Subsequently, she was posted at Grama Secretariat, Komera, R.Amadalavalasa Mandal, Srikakulam District. While so, G.O.Ms.No.5, dated 12.06.2025 was issued, enabling the transfers in Village and Ward Secretariats. Pursuant to the above said G.O the Department of Finance had issued proceedings vide G.O.Ms.No.23, dated 15.05.2023, regarding guidelines for transfers and postings. As the Petitioner had completed five (05) years of continuous service, sought for transfer to three (03) places i.e. i) Kotturu, ii) Palakonda and iii) R.Amadalavalasa Mandal as her preference for transfer since her husband is working as Welfare Assistant at Village and Ward Secretariat, Vasaka, Kotturu Mandal. It is further stated that the Petitioner is presently on maternity leave. The Respondent authorities have initially passed orders of transfer on 30.06.2025 by transferring the petitioner to Tokalavalasa Village Secretariat, R.Apiadalavasa 4 Mandal, which is one of the preferences opted by the Petitioner. Subsequently, another proceeding was issued on the same day i.e. on 30.06.2025, altering the transfer of the Petitioner to Koparavalasa Village Secretariat, Vangara-R Mandal. Hence, the writ petition is filed. 3. Learned counsel for the Petitioner would submit that the Respondent authorities having acceded to the preferred place of posting of the Petitioner as per the transfer policy, could not have gone back by issuing a proceedings dated 30.06.2025, altering the transfer of the Petitioner to Koparavalasa Village Secretariat, Vangara-R Mandal. Learned counsel would submit that Respondents ought to have considered the fact that the Petitioner is presently on maternity leave and should have taken into account the necessity of being posted closer to the place of her husband. Learned Assistant Government Pleader on instructions submits that the reposting of the Petitioner to Koparavalasa Village Secretariat, Vangara-R Mandal was based on rationalisation process. 4. Heard the respective counsel. The transfer guidelines are not enforceable under Article 226 of the Constitution as held by the Hon’ble Supreme Court in plethora of judgments. In Union of India and others vs. S.L.Abbas\ the Hon’ble Supreme Court was considering transfer of a Central Government employee seeking posting at the place of employment of his wife on the basis of an Office Memorandum (OM) of the Central Government. After considering the OM, the Hon’ble Supreme Court held that there is no 5. ^ (1993) 4 see 357 5 enforceable right for posting and the OM is only a guideline. The relevant portion at paragraph 7’ is extracted below;- “The guidelines say that as far as possible husband and wife must be posted at the same place. The said guideline however does not confer upon the Government employee a legally enforceable right.” However, considering that the Petitioner is on maternity leave and it is visualizable that she would require help from the husband and family members, the Respondents may consider the sympathetically. Therefore, the writ petition is disposed of with the following 6. case of Petitioner directions:- (i) The Respondent authorities are directed to reconsider the transfer of the Petitioner within a period of two (02) weeks from today subject to feasibility and availability of posts, (ii) There shall be no order as to costs. Consequently, miscellaneous applications, if any, pending shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Department of Agriculture, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Principal Secretary (FAC), Department of Grama Sachivalayam and Ward Sachivalayam, State of Andhra Pradesh, Secretariat Velagapudi, Amaravati, Guntur District. 3. The Director, Grama Sachivalayam and Ward Sachivalayam Department, Jawahar Auto Nagar, Vijayawada. 4. The District Collector, Srikakulam District at Srikakulam. 5. The District Agricultural Officer, Srikakulam District at Srikakulam. 6. One CC to M/s. Mandalika Kavya Sudha, Advocate [OPUC] 7. Two CCs to GP for Services-I, High Court of Andhra Pradesh [OUT] 8. Two CD Copies. ssb HIGH COURT DATED:21/07/2025 ORDER WP No.18186 OF 2025 X (Ii /kUS 20?5 Cwrent Secuon ^y/ DISPOSING OF THE W.P. WITHOUT COSTS