1 APHC010377442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19540/2025 Between: Teppali Jeevan ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. ARUN SHOWRI G Counsel for the Respondent(S): 1. B V APARNA LAKSHMI 2. GP FOR SERVICES II 3. GP for Village and Ward Secretariats The Court made the following: 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 19540/2025 The present Writ Petition is filed to declare the action of Respondent No.3 in issuing Proceedings Proc. No. 1569/A/2019/No. 174, dated 30.06.2025, and Respondent No.5 in issuing Proceedings Rc.No.C/47/2025, dated 10.07.2025, transferring the petitioner in contravention of the transfer guidelines prescribed under G.O.Ms.No.5, dated 12.06.2025 issued by the Gram Sachivalayam and Ward Sachivalayam (GSWS) Department, and Circular Letter No.2866243/F(HR)/CFWS/2025. dated 16.06.2025, as illegal and arbitrary. 2. The Petitioner while working as Village Horticulture Assistant at Grama Sachivalayam, Mustapalli Village, Atmakur Mandal, Nandyal District, was transferred on completion of 5 years of service in the same station to Gundlakonda Village Secretariat, Devenakonda Mandal. The reason for filing the present Writ Petition is that though the Petitioner does not dispute the fact that he is liable for transfer as per G.O.Ms.No.5, dated 12.06.2025 issued by the Respondent No.1, but submits that the spouse of the Petitioner is working as Mahila Police at Pamulapadu 1 Sachivalayam, Pamulapadu Village and Mandal, 3 Nandyal District from 10.07.2023 and they have one year old child. The Petitioner also relies on Clause No.11 of the Transfer Policy issued vide G.O.Ms.No.5, dated 12.06.2025, wherein preference were given for posting at a place of his choice based on the spouse and dependent children. However, it is stated that the though the Petitioner had exercised the option, the same was not considered and the Petitioner was posted at a place where he did not opt for. Hence, the present Writ Petition. 3. The learned Assistant Government Pleader would submit that the transfer is an incidence of service and posting is depending on the administrative reasons and therefore, this Court need not interfere into the matter. Learned counsel further submits that the preference mentioned in Clause No.11 of the Transfer Policy have been complied by the Respondent Department to the extent possible. 4. Having heard the respective counsel, though the transfer guidelines are not enforceable in Court of law under Article 226 of the Constitution of India as held by the Apex Court in Mrs. Shilpi Bose And Others vs State Of Bihar And Others1, however, 1 1991 Supp (2) SCC 659 4 considering the fact that the spouse of the Petitioner is working as Mahila Police at Pamulapadu 1 Sachivalayam, Pamulapadu Village and they have a one year old child, it would be appropriate to direct the Respondent Authorities to consider the request of the Petitioner for posting at a place nearer to his family. 5. Therefore, the present Writ Petition is disposed of with the following directions: i) the Respondent Authorities are directed to consider the case of the Petitioner for posting at a place nearer to his home on humanitarian grounds as expeditiously as possible. ii) The ban on transfers will not apply for considering the case of the Petitioner. iii) No order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. _______________________________ JUSTICE NYAPATHY VIJAY Date: 01.08.2025 eha 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.19540/2025 Dated 01.08.2025 eha