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2025 DAILYLAW 30223 (AP)

Y Hemanth kumar v. The State or Andhra Pradesh,

WP/22196/2025 · 2025-08-28

Nyapathy Vijay

body2025

Judgment text

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APHC010435382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY,THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 22196/2025 Between: Y Hemanth Kumar ...PETITIONER AND The State Or Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. KALAKOTI SUNIL KUMAR Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 2 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.22196 of 2025 O R D E R: The present Writ Petition is filed to declare the impugned action of the Respondent Nos. 4 and 5 in not relieving the Petitioner from his duties to effect the transfer from Parvathipuram, Manyam District to Vizinagaram District in compliance of Transfer Order of Respondent No.3 vide Rc.No.1884/2025/A7, dt. 03.06.2025 and Order of Rc.No.1491/2025/A7, dated 09.06.2025, which is contrary to General Transfer Policy, as illegal and arbitrary. 2. The Petitioner is working as Deputy Tahsildar, Parvathipuram Manyam District. Pursuant to G.O.Ms.No.23, dated 15.05.2025, the District Collector of Vizianagaram, transferred the Petitioner vide Proceedings dated 3.06.2025. On transfer, the District Collector, Vizianagaram posed the Petitioner as Deputy Tahsildar (Resurvey) O/o Tahsildar, Mentada Mandal, Vizianagaram District vide Proceedings in R.C.No.1491/2025/A7, dated 09.06.2025. However, the Petitioner has not been relieved. Hence, the present Writ Petition. 3. Learned Assistant Government Pleader on instructions submits that two individuals were transferred to Vizianagaram from Parvathipuram, Manyam District vide Transfer Order dated 03.06.2025. As per the Transfer Orders dated 3 03.06.2025, the Petitioner and one N. Ramesh Babu was transferred to Vizianagaram District from Parvathipuram and at the same time, two individuals by name K. Sanyasinaidu and K. Bharath Kumar have been transferred from Vizianagaram to Parvathipuram, Manyam District. 4. While K. Bharath Kumar had joined the office of the Respondent Authorities on 02.07.2025, the other individual i.e., K. Sanyasinaidu, who was transferred to Parvathipuram was retained in Vizianagaram and allotted to the office of the District Manager, APSCSC Limited, Vizianagaram. As there is no substitute to the Petitioner as required under the General Transfers Policy issued vide G.O.Ms.No.23, Finance (HR.I- PLG & Policy) Department, dated 15.05.2025, the Petitioner was not relieved. 5. Learned counsel for the Petitioner would submit that before retaining Sri K. Sanyasi Naidu in Vizianagaram District, substitution should be provided rather than leaving the Petitioner high and dry with the transfer order. 6. Heard the respective counsel. Taking into consideration the purpose of G.O.Ms.No.23, dated 15.05.2025, the Respondent Authorities are bound to ensure that the transfer orders are carried out to the logical end. In the event the replacement employee is not available, in-charge arrangements should be made, and the order of transfer cannot be left unexecuted. The Respondents having retained 4 one of the individuals, i.e., K. Sanyasi Naidu, who was supposed to replace the Petitioner in Parvathipuram, Manyam District, ought to have made alternative arrangements. 7. Considering the language employed in the Order of Transfer directing the Officers concerned to immediately relieve the Petitioner, the Writ Petition can be disposed of with the following direction: (i) the Respondent Authorities are directed to make alternative arrangements and relieve the Petitioner in terms of the Order of Transfer dated 03.06.2025 and 09.06.2025 issued by the District Collector, Vizianagaram and District Collector, Parvatipuram Manyal District respectively as expeditiously as possible. (ii) There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 29.08.2025 eha 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 22196/2025 Dt. 29.08.2025 eha