APHC010419042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 21961/2025 Between: 1. E KOUSAR JAHAN, W/O. GM KHADAR VALI, AGED ABOUT 28 YEARS, OCC - ANIMAL HUSBANDRY ASSISTANT, O/O. AGRAHARAM GRAMA SACHIVALAYAM, PILERU MANDAL, ANNAMAYYA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, ANIMAL HUSBANDRY DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT. 3. THE DISTRICT COLLECTOR, ANNAMAYYA DISTRICT AT RAYACHOTI. 4. THE DISTRICT ANIMAL HUSBANDRY OFFICER, RAYACHOTI, ANNAMAYYA DISTRICT. 5. THE JOINT DIRECTOR ANIMAL HUSBANDRY, CHITTOOR, CHITTOOR DISTRICT. . 6. THE JOINT DIRECTOR, , ANIMAL HUSBANDRY ANNAMAYYA DISTRICT AT RAYACHOTI. 7. THE DEPUTY DIRECTOR ANIMAL HUSBANDRY, RAYACHOTI, ANNAMAYYA DISTRICT. 2 8. THE MANDAL PARISHAT DEVELOPMENT OFFICER, PILERU MANDAL, ANNAMAYYA DISTRICT. 9. THE PANCHAYAT SECRETARY, AGRAHARAM GRAMA PANCHAYAT, PILERU MANDAL, ANNAMAYYA DISTRICT. 10. THE PANCHAYAT SECRETARY, ELUVANELLLORE VILLAGE SECRETARY, RAMA SAMUDRAM MANDAL, ANNAMAYYA DISTRICT. ...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 to issue an appropriate writ or any other order or direction particularly one in the nature of writ of mandamus declaring the action of the 5th respondent in issuing the proceedings vide PROC-ROC-LO1035/E/2025 dt. 30.06.2025 in so far as transferring the petitioner from the place of 9th respondent office to 10th respondent office is as illegal, arbitrary and violative of article 14 and 21 of the Constitution of India and contrary to the provisions of contrary to the GOMS No. 5 dt.12.06.2025 and consequently set aside the same and pass IA 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 grant stay of all further proceedings pursuant to proceeding vide PROC-ROC- LO1035/E/2025 dt. 30.06.2025 in so far as transferring the petitioner from the place of 9th respondent office to 10th respondent office pending disposal of the writ petition, and to pass Counsel for the Petitioner: 1. P NARASIMHULU Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 21961/2025 ORDER: The present Writ Petition is filed to declare the action of the Respondent No.5 in issuing the proceedings vide PROC-ROC-LO1035/E/2025 dated 30.06.2025 insofar as transferring the Petitioner from the place of the Respondent No.9 office to Respondent No.10 office, as illegal, arbitrary and contrary to the provisions of the G.O.Ms.No.5 dated 12.06.2025. 2. The Petitioner was appointed as Animal Husbandry Assistant in the office of the Respondent No.9 on 01.03.2024 and the Petitioner was on maternity leave from 26.03.2025 to 01.09.2025, due to birth of second child. 3. The Respondent No.1 issued G.O.Ms.No.5 dated 12.06.2025, prescribing the modalities for transfer of Village/Ward Secretariats in the State. Accordingly, the Petitioner opted to three places i.e., R.S.K Kommapalli, PUlicherla Mandal, R.S.K Diguvapokalavaripalli, Pulicherla Mandal and R.S.K Venkatadosillapalli, Pulicherla Mandal. However, the petitioner has been transferred to the office of Respondent No.10, Eluvanelllore, Rama Samudram Mandal, Annamayya District from the office of Respondent No.9, Agraharam Grama Panchayat, Pileru Mandal, Annamayya District which is not the choice opted by Petitioner and is at a considerable distance from the present place of working. 4 4. Learned counsel for the Petitioner would submit that notwithstanding the guidelines issued under G.O.Ms.No.5 dated 12.06.2025, the Petitioner is currently on maternity leave until 01.09.2025, as provided under the Maternity Benefit Act, 1961. However, the Petitioner was transferred during this period. It is stated that the transferred location is 100 kilometers away from the Petitioner’s current place of residence, and considering the family’s situation, such travel would cause considerable difficulty in managing her family. 5. Learned counsel for the Petitioner would further submit that a representation was submitted on 28.07.2025, requesting that her case be considered for transfer to a location nearer to her present residence to enable her to take care of her two young children and family. 6. Learned Assistant Government Pleader for Services-I, on instructions would submit that the case of the Petitioner would be considered as expeditiously as possible by taking note of the family situation of the Petitioner. 7. Accordingly, the Writ Petition is disposed of in the following terms: i) The Respondents are directed to consider the representation dated 28.07.2025, made by the Petitioner on humanitarian grounds by taking note of the fact that she has two young children and consider her for posting at a place nearer to the present place of residence as expeditiously as possible. 5 ii) There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 20.08.2025 SNI 6 23 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 21961/2025 Date: 20.08.2025 SNI