BHUKAE NAGALAKSHUMMA v. THE STATE OF ANDHRA PRADESH
WP/22736/2025 · 2025-08-31
Nyapathy Vijay
body2025
DailyLaw.ai
[ 2025 DAILYLAW 30149 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 30149 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010433902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE ^ PRESENT HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 22736 OF 2025 Between:
1. Bhukae Nagalakshumma, W/o M.Babu Naik, Aged about 38 years Occ. School Assistant (Mathematics) ZPHS, Masapeta, Rayachoti, Annamayya District, Residing at D.No. 44/35-6-5-3, Chemmumiahpeta, Revenue Ward No. 44, Kadapa, Y.S.R Kadapa District. ...Petitioner AND
1. The State Of Andhra Pradesh, Rep. by the Principal Secretary, School Education Department, Secretariat, Amaravathi, Guntur District. 2. The Director of School Education, Government of Andhra Pradesh, Atmakur Village, Mangalagiri (M), Guntur District, Andhra Pradesh. 3. Commissioner of School Education, Government of Andhra Pradesh, Venkatadiri towers, Atmakur(V) D.No.398/3, Vidya Mangalagiri(M), Guntur District -522503
4. The District Educational Officer, . Kadapa, Y.S.R Kadapa District. bhavan ...Respondents 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 order or writ or direction more particularly one in the nature of writ of mandamus challenging the action of the respondents in not
considering the petitioners representation dated 05-08-2025 for posting at ZPHS Vallur, Vallur Mandal, YSR Kadapa District on spouse grounds as illegal, arbitrary, unjust, unfair, discriminatory, and in violation of Articles 14,16 and 21 of the Constitution of India. Consequently, direct respondents to post the petitioner as School Assistant (Mathematics) at ZPHS, Vallur, Vallur Mandal, Y.S.R Kadapa District, in the existing vacancy, considering her case under spouse grounds. the lA 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 direct the respondents to consider the petitioner’s representation dated 05-08- 2025 for posting at ZPHS Vallur, Vallur Mandal, YSR Kadapa District spouse grounds forthwith pending disposal of the Writ Petition. ^ on^ Counsel for the Petitioner: SRI T DIWAKAR REDDY Counsel for the Respondent Nos.1 to 4: GP FOR SERVICES II The Court made the following order:
APHC010433902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE [3460] PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 22736/2025 Between:
1.BHUKAE NAGALAKSHUMMA, W/0 M.BABU NAIK, AGED ABOUT 38 YEARS, OCC.
SCHOOL ASSISTANT ZPHS, MASAPETA, RAYACHOTI, (MATHEMATICS) ANNAMAYYA DISTRICT, RESIDING AT D.NO. 44/35-6-5- REVENUE WARD NO. 44, 3, CHEMMUMIAHPETA KADAPA, Y.S.R KADAPA DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY THE SCHOOL EDUCATION PRINCIPAL SECRETARY, DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. SCHOOL EDUCATION, ATMAKUR GUNTUR DISTRICT, 2.THE DIRECTOR OF GOVERNMENT OF ANDHRA PRADESH, VILLAGE, MANGALAGIRI (M), ANDHRA PRADESH. OF SCHOOL EDUCATION, D.NO.398/3, 3.COMMISSIONER GOVERNMENT OF ANDHRA PRADESH, VIDYA BHAVAN, VENKATADIRl TOWERS, ATMAKUR(V)
2 MANGALAGIRI(M), GUNTUR DISTRICT -522503 4.THE DISTRICT EDUCATIONAL OFFICER, Y.S.R KADAPA DISTRICT. KADAPA, ...RESPONDENT(S): praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue an order or writ or direction more particularly one in the nature of writ of mandamus challenging the action of the respondents in not considering the petitioners representation dated 05-08-2025 for posting at ZPHS Vallur, Vallur Mandal, YSR Kadapa District on spouse grounds as illegal, arbitrary, unjust, unfair, discriminatory, and in violation of Articles 14,16 and 21 of the Constitution of India. Consequently, direct the respondents to post the petitioner as School Assistant (Mathematics) at ZPHS, Vallur, Vallur Mandal, Y.S.R Kadapa District, in the existing vacancy, considering her spouse grounds and pass lA NO: 1 OF 2025 Petition under Section 151 CPC circumstances stated in the affidavit filed in support petition, the High Court may be pleased Counsel for the Petitioner:
1.T DIWAKAR REDDY Counsel for the Respondent(S):
1.GP FOR SERVICES II The Court made the following: Petition under Article 226 of the Constitution of India case under praying that in the of the
»’V, THE HON'BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.22736 of 2025 O R DE R: This writ petition is filed aggrieved by the action of the Respondents in not considering the representation of the Petitioner dated 05.08.2025 for posting at ZPHS Vallur, Vallur Mandal, Y.S.R.Kadapa District as arbitrary and illegal. The case of the Petitioner is that she was appointed as School Assistant (Mathematics), Vallur in 2009.
transfers, though the Petitioner had applied for transfer to ZPHS (Girls), Khajipeta, Kadapa District on spouse grounds as her husband is working at ZPHS (Boys), Khajipeta, Kadapa District and her request was not considered and was posted at ZPHS, Masapeta, Rayachoti, Annamayya District, which is about 80 kms away from her husband’s working place. 2. In the annual
3. It is stated that subsequent to the posting of the Petitioner, a vacancy arose in ZPHS Vallur, Vallur Mandal and in that context. Petitioner gave a representation dated 05.08.2025 to the Respondents to consider her case for posting in the said vacancy. - I 2
4. Learned Government Pleader Sri Keerti Teja Kondaveeti would submit that the Petitioner having joined at ZPHS Rayachoti, is not entitled to different place. Masapeta, re-agitate her case for posting at a Learned Government Pleader would further submit that if the Petitioner is aggrieved by the transfer, she should have given a representation within the time stipulated under the Teacher Transfer Rules. 2025 and having not done so. the Respondent-authorities are not bound to consider the representation of the Petitioner. 5. However, considering that the Petitioner is only seeking for posting in a vacancy at ZPHS Vallur. Y.S.R.Kadapa District, which is said to be claimed by the Petitioner on spouse grounds, the Respondents are directed to consider the same as expeditiously as possible. Vallur Mandal. 5. With the above direction, the writ petition is disposed of. No order as to costs. As a sequel, the miscellaneous petitions if any shall stand dismissed. Sd/- K.KASI RAO ACHAR! ASSISTANT REGISTRAR //TRUE COPY// // se' SECTION OFFjCFR To,
1. The Principal Secretary. School Education Department. Secretariat. Amaravathi. Guntur District. 2. The Director of School Education. Government of Andhra Pradesh. Atmakur Village. Mangalagiri (M), Guntur District. Andhra Pradesh. ^
3. Commissioner of School Education, Government of Andhra Pradesh, D. No. 398/3, Vidya Mangalagiri(M), Guntur District -522503 The District Educational Officer, . Kadapa, Y.S.R Kadapa District. One CC to Sri. T Diwakar Reddy, Advocate [OPUC] Two CCs to GP For Services II High Court of Andhra Pradesh [OUT] Two CD Copies. bhavan. Venkatadiri towers, Atmakur(V)
4. 5. 6. 7. AL
s> HIGH COURT DATED:01/09/2025 ORDER WP NO. 22736 OF 2025 ^ 12 SEP 2025 )g) ^v^rrent Sectiffix^^ DISPOSING OF THE W.P. WITHOUT COSTS