APHC010438882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY, THE THIRTIETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 22581/2025 Between: 1. K PADMAVATHI, W/O DR.V.GOWRINADH (LATE) AGED ABOUT 62 YEARS, OCC- PROFESSOR, R/O 10-27-1/A/6 FLAT 401, FAME HEIGHTS APARTMENTSI FACOR LAYOUT, RAM NAGAR, VISAKHAPATNAM DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY HEALTH, MEDICAL AND FAMILY WELFARE DEPARTMENT A.P SECRETARIAT VELAGAPUDI, GUNTUR DIST. 2. THE DIRECTOR OF MEDICALEDUCATION, HANUMANPET, VIJAYAWADA NTR DISTRICT AP 3. 3 THE ADDL DIRECTOR /PRINCIPAL OF MEDICAL EDUCATION, ANDHRA MEDICAL COLLEGE AT VISAKHAPATNAM A.P ...RESPONDENT(S): 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 appropriate writ, or direction more particularly a writ of Mandamus declaring the action of the 2ndrespondent in passing order in RC.NO.2851066/E11 BD/2025 dated 19.06.2025 in transferring the petitioner from Visakhapatnam to Srikakulam, as illegal, arbitrary and violative of the principals of natural justice apart from being contrary the guidelines framed by the Hon’ble Apex court concerning the transfer of government employees and contrary to the mandate of Article 14, 21, of the Constitution of India consequently set aside the order dated Rc.No.2851066/El 1 BD/2025 dated 19.06.2025 and to pass such other order. 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 direct the Respondents Nos. 2 to 3 not to fill up the post of Assistant Professor of Ophthalmology in Andhra Medical College at Visakhapatnam District pending disposal of the above Writ Petition and pass such other order. Counsel for the Petitioner: 1. P L V PRASAD Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.22581 of 2025 ORDER: 1. The present Writ Petition is filed questioning the action of Respondent No.2 in issuing impugned order vide Rc.No.2851066/E11 BD/2025, dated 19.06.2025 in transferring the Petitioner from Visakhapatnam to Srikakulam, as illegal and arbitrary. 2. The Petitioner was working as Assistant Professor, Ophthalmology Department, Andhra Pradesh Medical College at Visakhapatnam, Visakhapatnam District. While so, as per the general guidelines for transfer of regular employees vide G.O.RT.No.344, Health, Medical and Family Welfare (B1) Department, dated 31.05.2025, the Petitioner was transferred to Government Medical College, Srikakulam. 3. The grievance of the Petitioner is that she is due to retire by the end of June, 2026 and being a single woman, the Petitioner should have been retained in her last station and instead of that transferring the Petitioner to Government Medical College, Srikakulam, is causing hardship to her. 4 4. The Petitioner submitted two representations on 10.06.2025 and 11.08.2025 to repatriate her into the existing vacancy of Assistant Professor in Andhra Medical College, Visakhapatnam considering her family situation. 5. Heard the respective counsel. 6. The Respondent-State had issued G.O.Ms.No.23, Finance (HR.I-PLG. & Policy) Department, dated 15.05.2025 framing certain guidelines for the transfers and postings. As per the Principles for Transfers and Postings mentioned in Paragraph No.4 thereof, the employee who will be retiring from service on attaining the age of Superannuation, on or before 31.05.2026, shall not be normally be transferred except on request or administrative grounds. The Paragraph No. 4(ii) thereof is extracted below; “4. Principles for Transfers and Postings i) …… ii) Employees who wil be retiring from service on attaining the age of Superannuation, on or before 31st May 2026, shall not be normally be transferred except on request or administrative grounds.” 5 7. Though the Petitioner is due to retire on 30.06.2026 and is marginally exceeding the cut-off date prescribed under Paragraph 4(ii) of the said G.O., the case of the Petitioner ought to be considered for retention at Andhra Medical College, Visakhapatnam. 8. In that view, the Writ Petition is disposed of, with the following directions; (i) The Respondents are directed to consider the representation, dated 11.08.2025 submitted by the Petitioner for reposting her in any existing vacancy at Andhra Medical College, Visakhapatnam taking into consideration of the fact that the Petitioner is due to retire on 30.06.2025 and her family status, within a period of four (4) weeks from the date of receipt of copy of this order; (ii) No order as to costs. 9. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 30.10.2025 IS 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.22581 of 2025 Dated: 30.10.2025 IS