APHC010487662024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 25222 OF 2024 Between: A. Chandrasekhar, S/o A. Nesthalu (Late), Aged about 38 years, Occ: Senior Assistant RWS & S Department, A.P. Anakapalle, Anakapalle District ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, PR, RD & RWS Department, A.P. Secretariat, Velagapudi, Amaravathi Guntur District 2. The Engineer in Chief, RWS & S, AP, Gollapudi, Vijayawada District 3. The Superintendenting Engineer, RWS & S, Visakhapatnam 4. The District RWS Engineering officer, Paderu of Alluri Sitarama Raju District 5. The Executive Engineer, RWS & S, Division, Anakapalle Anakapalle District 6. A. S. V. Siva, Occ: Senior Assistant, Aged about 50 years Rural Engineering officer (DREO) Paderu, Anakapalle District NTR District ...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 appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No.3 proceedings No. E4/142/2024/Transfers, dated 22.09.2024 as illegal, arbitrary, violation of Principles of natural justice and violation of Article 14, 21 of the Constitution of India and contrary G.O.Ms.No.75, issued by the Finance (HR) (i)-plg and policy department dt. 17.08.2024 Point IV Principles for transfers and postings 12 (ii) consequently direct the respondent No.3 to set aside the transfer orders in proceedings No. E4/142/2024/Transfe rs, dated 22.09.2024. 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 stay of all further proceeding No E4/142/2024/Transfers, dated 22.09.2024 issued by the 3rd respondent, pending disposal of writ petition. Counsel for the Petitioner: SRI A.SRINIVASA RAO Counsel for the Respondent Nos.1 to 5: GP FOR SERVICES IV Counsel for the Respondent No.6:— The Court made the following order: W" ■% IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE APHC010487662024 [3460] PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 25222/2024 Between: 1.A CHANDRASEKHAR, S/0 A. NESTHALU (LATE) AGED ABOUT 38 YEARS, OCC SENIOR ASSISTANT RWS S DEPARTMENT, A.P. ANAKAPALLE DISTRICT ANAKAPALLE, AND ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, PR DEPARTMENT, AMARAVATHI GUNTUR DISTRICT 2.THE ENGINEER IN CHIEF, RWS AND S, AP GOLLAPUDI, VIJAYAWADA. NTR DISTRICT 3.THE SUPERINTENDENTING ENGINEER, RWS AND S, VISAKHAPATNAM 4.THE DISTRICT RWS ENGINEERING OFFICER, PADERU OF ALLURI SITARAMA RAJU DISTRICT 5.THE EXECUTIVE ENGINEER, RWS AND S, DIVISION, ANAKAPALLE ANAKAPALLE DISTRICT RD AND RWS A.P. SECRETARIAT, VELAGAPUDI, i 2 6.A S V SIVA, OCC SENIOR ASSISTANT AGED ABOUT 50 DISTRICT RURAL ENGINEERING OFFICER (DREO) PADERU, ANAKAPALLE DISTRICT YEARS ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the Fligh Court may be pleased tomay be pleased to issue appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No.3 proceedings No. E4/142/2024/Transfers, dated 22.09.2024 as illegal, arbitrary, violation of Principles of natural justice and violation of Article 14, 21 of the Constitution of India and contrary G.O.Ms.No.75, issued by the Finance (HR) (i)-plg and policy department dt. 17.08.2024 Point IV Principles for transfers and postings 12 (ii) consequently direct the respondent No.3 to set aside the transfer orders in proceedings No. E4/142/2024/Transfers, dated 22.09.2024 and pass such iA NO: 1 OF 2024 an 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 may be pleased to stay of all further proceeding No E4/142/2024/Transfers, dated 22.09.2024 issued by the 3rd respondent, pending disposal of writ petition and pass such Counsel for the Petitioner: 1. A. SRINIVASA RAO Counsel for the Respondent(S): 1.GP FOR SERVICES IV The Court made the following: THE HON'BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.25222 of 2024 ORDER: This writ petition is filed questioning the transfer proceedings No.E4/142/2024/Transfers dated 22.09.2024 issued by Respondent No.3 in contravention of G.O.Ms.No.75, Finance (HR).(i)-pg and Policy Department dated 17.08.2024 as illegal and arbitrary. 2. The petitioner was worked as a typist in RWS & S, Sub- The 3'"^ respondent vide proceedings No.E4/142/2024/Transfers dated 22.09.2024 transferred the Petitioner from RWS & S Division, Anakapalle and posted as Senior Assistant in the Office DREO, Paderu. Division, Paderu. Learned counsel for the Petitioner contends that the Petitioner was previously worked in agency area in Paderu for more than 2 years i.e. from 01.02.2017 to 12.07.2019 and again posting in agency area is contrary to the guidelines issued vide G.O.i\/ls.No.75 dated 17.08.2024. Further, it is the plea of the Petitioner that he is suffering from medical ailments and therefore, the order of transfer should be reconsidered. 3. I 2 4. Sri S.Raju, learned Assistant Government Pleader would submit that the Petitioner was relieved from Anakapalle on 27.09.2024 and has joined in Paderu. He further submits that transfer being an incident of service, the Petitioner cannot insist for staying at a particular place. 5. Having heard the respective counsel, this Court is of the opinion that it is well known that transfer is an incident of service and the guidelines issued for transfer cannot be enforced under Article 226 of the Constitution of India. 6. Therefore, this Court is not inclined to interfere with the order of transfer. However, considering the plea of the Petitioner that he is suffering from medical ailments, the writ petition is disposed of with following directions: (i) The Petitioner shall submit a representation to the Respondent-authorities within a period of four weeks from today and the same may be considered after examining the medical records. (ii) No order as to costs. 3 As a sequel, the miscellaneous petitions if any shall stand dismissed. Sd/- K TATA RAO DEPUT^^REGISTRAR / / //TRUE COPY// 'section officer To 1. The Principal Secretary, PR, RD & RWS Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravathi Guntur District 2. The Engineer in Chief, RWS & S, AP, Gollapudi, Vijayawada, NTR District 3. The Superintendenting Engineer, RWS & S, Visakhapatnam 4. The District RWS Engineering officer, Paderu of Alluri Sitarama Raju District 5. The Executive Engineer, RWS & S, Division, Anakapalle Anakapalle District 6, One CC to Sri A. Srinivasa Rao, Advocate [OPUC] 7. Two CCs to GP for Services- IV, High Court of Andhra Pradesh [OUT] 8. Two CD Copies. ssb HIGH COURT DATED:30/07/2025 ORDER WP No.25222 OF 2024 DISPOSING OF THE W.P. WITHOUT COSTS