APHC010370112024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18789/2024 Between: 1. KOCHARLAKOTA SANDYA, D/O.K.S.R.K.MURTHY, AGED 42 YEARS, OCC DY. ASST. COMMISSIONER (ST), R/O-AASHI-RISHI HEIGHTS, ROAD NO.3, PINNAMANENI TEACHERS COLONY, VIJAYAWADA -7, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY TO GOVERNMENT (COMMERCIAL TAXES) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE CHIEF COMMISSIONER STATE TAXES, DEPARTMENT OF COMMERCIAL TAXES, GOVERNMENT OF ANDHRA PRADESH, TADEPALLI, GUNTUR DISTRICT. 2 ...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 tomay be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, i. declaring impugned action of the 1st respondent in excluding the old aged helpless parents, whom the Government employee has to support, from the categories of preference in Para IV of the impugned G.O.Ms.No.75 Finance (HR.l-PLG. and POLICY) Department, dt 17.08.2024, as illegal, arbitrary. ii. further action of the respondents 2 and 3, in not considering case of petitioner for transfer to Vijayawada City, inspite of representation dt 21.08.2024, as illegal arbitrary, violative of Article 14 and 21 of the Constitution of India, .consequently direct the respondent to consider the ground of dependency of old aged helpless parents suffering with chronic diseases for considering the request of transfer/retainment of Government servants. iv. by further directing the respondents 2 and 3, to consider the case of petitioner for being posted in Vijayawada region by taking into consideration the dependent children and old aged helpless parents of petitioner, in the interest of Justice and pass IA NO: 1 OF 2024 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 direct the respondents 2 and 3, to consider the case of petitioner for transfer to Vijayawada City, by considering representation dt 21.08.2024, and by taking into consideration the dependent children and old aged helpless parents of petitioner. Pending disposal of the present Writ Petition and pass IA NO: 2 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the 3 petition, the High Court may be pleased pleased to direct the respondents to consider the case of petitioner in the transfer counselling to be conducted as per G.O.Ms.No.75 Finance CHR.l-PLG. &. POLICY) Department, dt 17.08.2024, and G.O.Ms.No.170 Revenue (Commercial Taxes) Department, dt 22.08.2024, by accepting application of petitioner for counselling manually, pending disposal of the present Writ Petition and pass IA NO: 3 OF 2024 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 issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, i. declaring impugned action of the 1st respondent in excluding the old aged helpless parents, whom the Government employee has to support, from the categories of preference in Para IV of the impugned G.O.Ms.No.75 Finance (HR.I-PLG. & POLICY) Department, dt 17.08.2024, as illegal, arbitrary. ii. further action of the respondents 2 and 3, in not considering case of petitioner for transfer to Vijayawada City, inspite of representation dt 21.08.2024, as illegal arbitrary, violative of Article 14 and 21 of the Constitution of India, iii. consequently direct the 1^ respondent to consider the ground of dependency of old aged helpless parents suffering with chronic diseases for considering the request of transfer/retainment of Government servants. iv. by further directing the respondents 2 and 3, to consider the case of petitioner for being posted in Vijayawada region by taking into consideration the dependent children and old aged helpless parents of petitioner, in the Interest of Justice and pass such order or orders as this Hon’ble Court deems fit just and proper in the circumstances of this case. Therefore it is prayed that this Hon’ble Court may be pleased to permit the petitioner herein to amend the Prayer in the affidavit in Writ Petition and Memorandum of Writ Petition as follows: Therefore it is prayed that this Hon’ble Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of 4 Mandamus, declaring impugned action of the H respondent in excluding the old aged helpless parents, whom the Government employee has to support, from the categories of preferences in Para IV of the impugned G.O.Ms.No.75 Finance (HR.I-PLG. &. POLICY) Department, dt 17.08.2024, and para 9 of G.O.Ms.No.l70 Revenue (Commercial Taxes) Department, dt 22.08.2024, as Illegal, arbitrary, violative of Article 14 and 16 of the Constitution of India and pass IA NO: 4 OF 2024 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 in the nature of direction more particularly oneissue a writ, order or Writ of Mandamus, of the H respondent in excludingi declaring impugned action the old aged helpless parents, whom the Government employee has to support, from the categories of preference in Para IV of the impugned G.O.Ms.No.75 Finance (HR.l-PLG. & POLICY) Department, dt 17.08.2024, as illegal, arbitrary, not considering ii. further action of the respondents 2 and 3, in Vijayawada City, inspite ofof petitioner for transfer to representation dt 21.08.2024, as illegal arbitrary, violative of Article 14 and 21 of the Constitution of India, iii. consequently direct the 1- respondent to consider the ground of dependency of old aged helpless parents suffering with chronic diseases for considering the request of transfer/retainment of Government servants, iv. by further directing the respondents 2 and 3, to consider the case of petitioner for being posted in Vijayau/ada region by taking into consideration the dependent children and old aged helpless parents of petitioner, in the interest of Justice and pass such order or orders as this Hon’ble Court deems fit just and proper in the circumstances of this case. Therefore it is prayed that this Hon’ble Court may be pleased to permit the petitioner herein to amend the Prayer in the affidavit in Writ Petition and Memorandum of Writ Petition as follows: Therefore it is prayed that this Hon’ble Court may be pleased to issue a writ, 5 order or direction more particularly one in the nature of Writ of Mandamus, i. declaring impugned action of the T‘ respondent in excluding the old aged helpless parents, whom the Government employee has support, from the categories of preferences in Para IV of the to impugned G.O.Ms.No.75 Finance (HR.l-PLG. & POLICY) 9 of G.O.Ms.No.170 Department, dt 17.08.2024, and para Revenue (Commercial Taxes) Department, dt 22.08.2024, as illegal, arbitrary, violative of Article 14 and 16 of the Constitution of India, ii. further action of the respondents 2 and 3, in not considering case of petitioner for transfer to Vijayawada City, inspite of representation dt 21.08.2024, as illegal arbitrary, violative of Article 14 and 21 of the Constitution of India, iii. consequently direct the T* respondent to consider the ground of dependency of old aged helpless parents suffering with chronic diseases or considering the request of transfer/retainment of Government servants,respondents 2 and 3, to consider the caseiv. by further directing the re of petitioner for being posted in Vijayawada region by taking into consideration the dependent children and old aged helpless parents of petitioner, in the interest of Justice and pass such order or orders as this Hon’ble Court deems fit just and proper in the circumstances of this case and pass Counsel for the Petitioner: 1. G V SHIVAJI Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 6 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.18789 of 2024 ORDER: This writ petition is filed questioning the action of the 1st Respondent in excluding the old aged helpless parents, whom the Government employees has to support from the category of preference in G.O.Ms.No.75 Finance (HR.I-PLG & POLICY) Department dated 17.08.2024 and consequential direction of the Respondent Nos.2 and 3 in not considering the case of the Petitioner for transfer to Vijayawada City as illegal and arbitrary. 2. Learned Government Pleader submitted proceedings in CCST’s Ref.No.REV03-19022/(35)/5/2023-VIG-CCT dated 31.12.2024. 3. In view of the proceedings dated 31.12.2024 issued by the Chief Commissioner of the State Tax, Andhra Pradesh, Kunchanapalli, Guntur District, the cause in the writ petition does not survive as the suspension of the Petitioner was revoked and posted as Deputy Assistant Commissioner (ST) O/o Additional Commissioner (ST), Regional GST Audit and Enforcement Unit, Vijayawada. 4. Placing on record the proceeding dated 31.12.2024, the writ petition is closed. No order as to costs. 7 As a sequel, the miscellaneous petitions if any shall stand dismissed. ___________________ NYAPATHY VIJAY, J Date: 24.07.2025 KLP