APHC010370602025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 20461 OF 2025 Sr Between: 1. P.Kalyan Kiran Kumar, S/o. P.Srinivasa Rao No.303 Chittineni Residency, Post Office Back Side, Gannavaram, Krishna District. aged 35 years, R/o- Flat 2. B.Jagapathi, S/o. Agastaiah Kappaladoddi, Gudur(M), Krishna District. Aged 32 years, R/o- D.No.4-64-l, ...Petitioners AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Sachivalayam and Ward Sachivalayam Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Director, Grama Sachivalayam and Ward Sachivalayam Department, O/o. Plot No 11 and 12, Nirmaan Bhavan, APIIC Colony Road, Auto Nagar, Vijayawada -520007. 3. The Commissioner, Grama Sachivalayam and Ward Sachivalayam Department, O/o. Plot No 11 and 12, Nirmaan Bhavan, APIIC Colony Road, Auto Nagar, Vijayawada -520007. 4. The District Collector, Krishna District. 5. The Deputy Director, Social Welfare Department, Beside Collector Office, Machilipatnam, Krishna District. Grama ...Respondents ■t 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 a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring i. the impugned action of the 1st respondent in issuing impugned G.O.Ms.No.5 Grama Sachivalayam and Ward Sachivalayam Department, dt 12.06.2025, so far as the para 7(ii) defining the period of stay as Village or Ward Secretariat to be counted for transfer, which is contrary to the principles of transfers enunciated in the G.O.Ms.No.23 Finance and Planning Department, dt 15.05.2025 and set aside the impugned G.O.Ms.No.5 Grama Sachivalayam and Ward Sachivalayam Department, dt 12.06.2025, so far as the inconsistency with G.O.Ms.No.23 Finance and Planning Department, dt 15.05.2025, is concerned as per para 6 of and Planning Department, dt 15.05.2025, by G.O.Ms.No.5 Grama Sachivalayam and Ward Sachivalayam Department, dt 12.06.2025, as illegal arbitrary, violative of Article 14 of the G.O.Ms.No.23 Finance declaring Constitution of India, apart from contrary to the policy guidelines issued i G.O.Ms.No.23 Finance and Planning in Department, dt 15.05.2025, consequently to revise the transfers effected in pursuance of G.O.Ms.No.5 Grama Sachivalayam and Ward Sachivalayam Department, dt 12.06.2025 and ii. declare the impugned action of respondents 4 and 5, in effecting transfer of petitioners to far off places other than places opted by petitioners by further accommodating juniors to petitioners as illegal, arbitrary, violative of Article 14 of the Constitution-of India, and contrary to the transfer guidelines, issued in G.O.Ms.No.23 Finance and Planning Department, dt 15.05.2025, consequently direct the respondents to consider the for being posted on allotment to the places opted by petitioners, or any places nearer, on the basis of seniority in the interest of justice. petitioners lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be -i pleased to grant interim suspension of the iimpugned orders issued by the 4th respondent in proceeding Rc.No.A3/l 70/2025 dt 05.07.2025, consequently to allot the places of posting for the petitioners, either in the present place or in the places opted by the petitioners, pending disposal of the above Writ Petition. Counsel for the Petitioners: SRI G V SHIVAJI Counsel for the Respondents No.1 to 3: GP FOR GRAMA SACHIVALAYAM AND WARD SACHIVALAYAM DEPARTMENT Counsel for the Respondent No.4:GP FOR REVENUE Counsel for the Respondent No.5: GP FOR SOCIAL WELFARE The Court made the following order: 4 APHC010370602025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 20461/2025 [3460] Between: 1 P KALYAN KIRAN KUMAR,, S/0. P.SRINIVASA RAO, AGED 35 YEARS, R/0- FLAT NO.303 CHITTINENI RESIDENCY, POST OFFICE BACK SIDE DISTRICT. GANNAVARAM, KRISHNA 2.B.JAGAPATHI,, S/0. AGASTAIAH, AGED 32 YEARS, R/0- KAPPALADODDI, GUDUR(M), KRISHNA D.N0.4-64-L, DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, GRAMA SACHIVALAYAM AND WARD SACHIVALAYAM DEPARTMENT BUILDINGS, VELAGAPUDI DISTRICT. 2.THE DIRECTOR, GRAMA SACHIVALAYAM AND WARD SACHIVALAYAM DEPARTMENT, 0/0. PLOT NO 11 AND 12, NIRMAAN BHAVAN, APIIC COLONY ROAD, AUTO NAGAR, VIJAYAWADA -520007. 3.THE COMMISSIONER, GRAMA SACHIVALAYAM AND WARD SACHIVALAYAM DEPARTMENT, 0/0. PLOT NO 11 AND 12, NIRMAAN BHAVAN, APIIC COLONY ROAD, AUTO NAGAR, VIJAYAWADA -520007. SECRETARIAT AMARAVATHI, GUNTUR 2 * 4.THE DISTRICT COLLECTOR, KRISHNA DISTRICT. 5.THE DEPUTY DEPARTMENT, MACHILIPATNAM, KRISHNA DISTRICT. DIRECTOR, SOCIAL WELFARE BESIDE COLLECTOR OFFICE, ...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 topleased to issue a writ, order or direction more particularly one in the, nature of Writ of Mandamus, declaring i. the impugned action of the 1st respondent in issuing impugned Sachivalayam Department, dt 12.06.2025, so far as the para 7(ii) defining the period of stay as Village or Ward Secretariat to be counted for transfer, which is contrary to the principles of transfers enunciated in the G.O.Ms.No.23 Finance and Planning Department, dt 15.05.2025 and set aside the impugned G.O.Ms.No.5 Grama Sachivalayam and Ward Sachivalayam Department, dt 12.06.2025, so far as the inconsistency with G.O.Ms.No.23 Finance and Planning Department, dt 15.05.2025, is concerned as per para 6 of G.O.Ms.No.23 Finance and Planning Department, dt 15.05.2025, by declaring Sachivalayam Department, dt 12.06.2025, as illegal arbitrary, violative of Article 14 of the Constitution of India, apart from contrary to the policy guidelines issued in G.O.Ms.No.23 Finance and Planning Department, dt 15.05.2025, consequently to revise the transfers Sachivalayam and Ward Sachivalayam Department, dt 12.06.2025 and ii. declare the impugned action of respondents 4 and 5, in effecting transfer of petitioners to far off places other than places opted by petitioners by further accommodating juniors to petitioners as illegal, arbitrary, violative of Article 14 of the Constitution-of India, and contrary to the transfer guidelines, issued in G.O.Ms.No.23 Finance and Planning Department, dt 15.05.2025, consequently direct the respondents to consider the petitioners for being posted on allotment to the places opted by petitioners, or any places nearer, on the basis of seniority in the interest of justice and pass G.O.Ms.No.5 Grama Sachivalayam and Ward G.O.Ms.No.5 Grama Sachivalayam and Ward effected in pursuance of G.O.Ms.No.5 Grama 3 lA NO: 1 OF 2025 Petition under Section 151 CPC circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to grant interim suspension of the impugned orders issued by the 4th respondent in proceeding Rc.No.A3/l 70/2025 dt 05.07.2025, consequently to allot the places of posting for the petitioners, either in the present place or in the places opted by the petitioners, pending disposal of the above Writ Petition and pass Counsel for the Petitioner(S): 1.GVSHIVAJI Counsel for the Respondent(S): 1.GP FOR SERVICES I 2.GP FOR SERVICES II praying that in the 3. The Court made the following: HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.20461 of 2025 ORDER: This writ petition is filed questioning the issuance of impugned G.O.Ms.No.5 Grama Sachivalayam and Ward Sachivalayam Department dated 12.06.2025 contrary to the principles of transfers enunciated in G.O.Ms.No.23 Finance and Planning Department dated 15.05.2025 as illegal and arbitrary and consequently revise of G.O.Ms.No.5 dated the transfers effected in pursuance 12.06.2025. 2. The facts leading to the filing of the writ petition are that; The 1®' Petitioner was initially joined on 11.10.2019 as Welfare and Education Assistant in Social Welfare Department at Tempalli Sachivalayam, Gannavaram, Krishna District, was appointed on 07.10.2019 as Welfare and Education Assistant in Social Welfare Department at Nadupuru, Pedana Mandal, Krishna the Government had issued G.O.Ms.No.23 The 2'^'^ Petitioner District. While so, Finance and Planning Department dated 15.05.2025 framing certain for transfers. Consequently, the Department of Grama guidelines Sachivalayam and Ward Sachivalayam formulated separate transfer guidelines and issued G.O.Ms.No.5 Grama Sachivalayam and Ward 2 Sachivalayam Department dated 12.06.2025 in terms of G.O.Ms.No.23 dated 15.05.2025. 3. Learned counsel for the Petitioners would submit that certain clauses in G.O.Ms.No.5 dated 12.06.2025 are not in consonance with G.O.Ms.No.23 and taking advantage of the same, transfers were effected without issuing any list of places for counseling. Learned counsel would further submit that the Petitioners had given representations through the employee association, however, they are not being considered. Learned Government Pleader would contend that the transfer is an incident of service and that the authorities would consider the representations subject to the prevailing guidelines and rules. 4. Having heard the respective counsel, the writ petition is disposed of with the following directions: 5. (i) The Petitioners shall make a representation to the Respondent- authorities within a period of one week from the date of receipt of a copy of this order explaining their grievance with regard to the order of transfer. 3 (ii) On receipt of the representations, the Respondent-authoriti es shall consider the case of the Petitioners and pass appropriate orders as expeditiously as possible, preferably within four (4) weeks. (iii) No order as to costs. As a sequel, the miscellaneous petitions if any shall stand dismissed. Sd/- N. NAGASVIWIA assistant registrar SECTION OFFICER //TRUE COPY// ]\e Principal Secretary, State of Andhra Pradesh, Grama Sachivalayam and Ward Sachivalayam Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Director, Grama Sachivalayam O/o. Plot No 11 and 12, Nirmaan Bhavan and Ward Sachivalayam Department, APIIC Colony Road, Auto Nagar, Vijayawada -520007. • • ororvho ctorhivalavam and Ward Sachivalayam 3 The Commissioner, Grama bacnivaiayain . Plot No 11 and 12, Nirmaan Bhavan, APIIC Colony Road, Department, O/o Auto Nagar, Vijayawada -520007. 4. The District Collector, Krishna District. Director, Social Welfare Department, Beside Collector Office 5. The Deputy Machilipatnam, Krishna District. 6. One CC to 7. Two CCs to Department, High Court of Andhra Pradesh [OUT] 8 Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh [OUT] 9 Two CCS to GP FOR SOCIAL WELFARE, High Court of Ahdhra Pradesh SRI. G V SHIVAJI, Advocate [OPUC] and Ward Sachivalayam GP FOR Grama Sachivalayam [OUT! 10. Two CD Copies NM HIGH COURT DATED:21/08/2025 ORDER WP NO. 20461 OF 2025 OV = 10 SEP 2025 mr Current Section DISPOSING OF THE WP WITHOUT COSTS <jr