> APHC010430212024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMS 5 -n'. TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 21886 OF 2024 ; -J \:\i .. / ■ '''I y (N,/ V\ '1.- ¥ Y-, Between: Jyothi Venkata Subba Reddy @ J.V. Subba Reddy, S/o. Late J Venkata Reddy, aged 59 years Occ: Divisional Division, Filer, Tirupati Circle Forest Officer, Flying Squad ...Petitioner AND 1. The State of Andhra Pradesh Department of Environment, Rep. by its Principal Secretary. Forest, Science and Technology Secretariat Buildings, Velagapudi, Guntur District, 2. The State of Andhra Pradesh, Andhra Pradesh. Represented by Principal Secretary Secretariat Buildings, Velagapudi Finance Department, District, Andhra Pradesh. Guntur 3. The Principal Chief Conservator of Forests (Head of Forest Force), Andhra Pradesh, Aranya Bhavan, Mangalagiri, Guntur-522503 4. The Chief Conservator of Forests, Tirupati Circle, Tirupati, Tirupati District ...Respondents of India praying that in the the High Court may be or direction more particularly in the nature of writ Petition under Article 226 of the Constitution circumstances stated in the affidavit filed therewith, pleased to issue writ, order. < - of mandamus declaring the Office Order No.20/2024/Admn.2 vide EFS02-11030/ 2/2024-ADMIN (SEC-PCCF/ Admn.2 dt.22.9.2024) issued by the 3rd Respondent effecting the transfers and issuing posting to the petitioner to Sub-DFO Addateegala is arbitrary, illegal, without jurisdiction and contrary to the guidelines issued in G.O.Ms. No.75, dt. 17.08.2024, and in violation of Article 14 and 16 of constitution of India and to set aside the and to issue a Rc.No same in respect of the transferring and posting petitioner consequential direction to the 3rd Respondent to continue the petitioner at the present place of posting i.e.. Flying Squad Division, Filer. lA 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 to direct the 3th and 4th respondents to continue the petitioner in the present place of posting by suspending the Office Order No. 20/2024/Admn.2 vide Rc. No. EFS02 -11030/2/2024 - Admin. (SEC dated.22.9.2024) issued by the 3rd Respondent transferring and posting me as Sub-DFO, Addateegala to the extent of petitioner only. Counsel for the Petitioner: SRI M SIVA KUMAR Counsel for the Respondents: GP FOR SERVICES I The Court made the following order: PCCF / Admin.2, %% APHC010430212024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMB [3460] 5 TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 21886/2024 Between: 1.JYOTHI VENKATA SUBBA REDDY @ J.V. SUBBA REDDY,, S/0. LATE J VENKATA REDDY, AGED 59 YEARS OCC DIVISIONAL FOREST OFFICER, FLYING SQUAD DIVISION, FILER, TIRUPATI CIRCLE ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY. DEPARTMENT OF ENVIRONMENT, FOREST, SCIENCE AND TECHNOLOGY, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2.THE STATE OF ANDHRA PRADESH, REPRESENTED BY PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, DISTRICT, ANDHRA PRADESH. 3.THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS HEAD OF FOREST FORCE, ANDHRA PRADESH,ARANYA BHAVAN, MANGALAGIRI, GUNTUR-522503 4.THE CHIEF CONSERVATOR OF FORESTS, TIRUPATI CIRCLE, TIRUPATI, TIRUPATI DISTRICT FINANCE DEPARTMENT, GUNTUR ...RESPONDENT(S): -41 - 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 to issue writ, order, or direction more particularly in the nature of writ of mandamus declaring the Office Order No.20/2024/Admn.2 vide Rc.No EFS02-11030/ 2/2024-ADMIN (SEC-PCCF/ Admn.2 dt.22.9.2024) issued by the 3rd Respondent effecting the transfers and issuing posting to the petitioner to Sub- DFO Addateegala, is arbitrary, illegal, without jurisdiction and contrary to the guidelines issued in G.O.Ms. No.75, dt.17.08.2024, and in violation of Article 14 and 16 of constitution of India and to set aside the same in respect of the transferring and posting petitioner and to issue a consequential direction to the 3rd Respondent to continue the petitioner at the present place of posting i.e. Flying Squad Division, Filer. lA 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 to direct the 3th and 4th respondents to continue the petitioner in the present place of posting by suspending the Office Order No. 20/2024/Admn.2 vide Rc.No.EFS02 -11030/2/ 2024 - Admin. (SEC - PCCF / Admin.2, dated.22.9.2024) issued by the 3'^^ Respondent transferring and posting me as Sub-DFO, Addateegala to the extent of petitioner only. Counsel for the Petitioner: 1.M SIVA KUMAR Counsel for the Respondent{S): 1.GP FOR SERVICES I The Court made the following: >• THE HON'BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.21886 Of 2024 ORDER: 1. The present Writ Petition is filed aggrieved by the action of Respondent No.3 in issuing Office Order No.20/2024/Admn.2 vide dated RC.NO.EFS02-11030/2/2024-ADMIN (SEC-PCCF/Admn.2, 22.09.2024) effecting transfer and issuing posting to the Petitioner to Sub-DFO, Addateegala, as illegal, arbitrary and in contrary to the guidelines issued vide G.O.Ms.No.75, Finance (FIR.I PLG & POLICY) Department, dated 17.08.2024. It is the case of Petitioner that the Petitioner has been promoted 2. as Assistant Conservator of Forests and posted as the Divisional Forest Officer, Flying Squad Division, Filer and had taken over the charge on 16.11.2023 and he had completed only 9 months and 7 days period in the said station. While so. Respondent No.3 issued the impugned Office Order transferring and posting him to Sub-DFO, Addateegala, in violation of the transfer guidelines as per G.O referred above. Aggrieved by the same, the Petitioner made an application on 25.09.2024 to Respondent No.3 to consider his case on humanitarian grounds and to retain him in the same place of working as Divisional Forest Officer, Flying Squad Division, Filer. 2 3. Learned Assistant Government Pleader for Services-I would submit that the impugned order of transfer dated 22.09.2024 cannot be interfered with by the Court. 4. Having heard the respective counsels, this Court is of the opinion that even, if the transfer order is not in consonance with transfer policy, still the Courts cannot interfere as held by the Hon’ble Supreme Court in Shilpi Bose (Mrs) v. State of Bihar\ The relevant portion of the order reads as under: ‘ Even if a transfer order is passed in violation of executive instructions or orders, the courts ordinarily should not interfere with the order instead affected party should approach the higher authorities in the department. If the courts continue to interfere with day-to-day transfer orders issued by the government and its subordinate authorities, there will be complete chaos in the administration which would not be conducive to public interest ’ However, considering the grievance of the Petitioner explained in his representation, the Writ Petition is disposed of, with the following directions; 5. as (i) The Respondent authorities are directed to consider the application of the Petitioner and pass appropriate orders as expeditiously as possible; 1991 g'appT2) see 659 3 (ii) No order as to costs. 6. As a sequel, pending applications, if any, shall stand closed. Sd/- N. NAGAWIMA ASSISTANT REGISTRAR //TRUE COPY// s^6^&c5fficer To, Department of Environment, State of Andhra Secretariat Buildings, 1. The Principal Secretary. Pradesh. Forest, Science and Technology Guntur District, Andhra Pradesh. Velagapudi 2. The Principal Secretary, Secretariat Buildings, Velagapudi, Guntur District. Andhra Department, State of Andhra Finance Pradesh. Pradesh. 3. The Principal Chief Conservator Andhra Pradesh, Aranya Bhavan, Mangalagiri, Guntur-522503 4. The Chief Conservator of Forests, Tirupati Circle, Tirupati. Tirupati District 5 One CC to Sri. M Siva Kumar Advocate [OPUC] 6. Two CCS to GP for Services I, High Court of Andhra Pradesh [OUT] 7. Two CD Copies of Forests Head of Forest Force GSC HIGH COURT DATED:05/08/2025 I 21 AUG 2025 ^ ^ . Current Seciion .^ ORDER WP NO. 21886 OF 2024 m DISPOSING THE WP WITHOUT COSTS