APHC010333242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY, THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 16722/2025 Between: 1. T BALA SIDDAIAH, S/O T.OBAIAH, AGED 56 YEARS, NMA (GAZETTED), KURNOOL MEDICAL COLLEGE, KURNOOL. ...PETITIONER AND 1. THE GOVERNMENT OF ANDHRA PRADESH, REP BY ITS SECRETARY, MEDICAL AND HEALTH, SECRETARIAT, VELAGAPUDI AMARAVATI, GUNTUR DISTRICT. 2. THE DIRECTOR OF MEDICAL EDUCATION, ANDHRA PRADESH O/O OLD GOVT HOSPITAL, VIJAYAWADA. 3. THE PRINCIPAL KURNOOL MEDICAL COLLEGE, KURNOOL, KURNOOL DISTRICT. 4. THE PRINCIPAL S V MEDICAL COLLEGE, THIRUPATI, TIRUPATHI DISTRICT. 5. M SREENIVASULU, S/O NOT KNOWN, AGED ABOUT 55 YEARS, NMA (GAZETTED) S.V.MEDICAL COLLEGE, THIRUPATI. ...RESPONDENT(S): 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 pas orders particularly one in the nature of writ of mandamus declaring the RC.No.2866259/Gen.trans /E3/2025, dt.19.6.2025 rejecting the request of the petitioners for 2 transfer from 3rd respondent college at Kurnool and retaining the to 5th respondent at Thirupati as being arbitrary, violative of G.O.Ms.No.344, Health Medical and Family Welfare (B1) Department, dt.31.5.2025 of the 1st respondent and Rc.No.2851066/E1A/2025 dt.02.06.2025 of the 2nd respondent, illegal, violative of the principles of natural justice and Article 14, 19, 21 of the Constitution of India and consequently set aside the same and direct the respondents to in the interests of justice transfer the petitioner to Thirupathi and 5th respondent to Kurnool as per the list published by the respondents prepared according to the above said G.O. and instructions and 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 suspend the impugned orders of the 2nd respondent in RC.No. 2866259/Gen.Trans/E3/2025, dt.19.6.2025 and consider my request for S.V.Medical College, Tirupathi where the petitioner will have better medical support in terms in terms of the eligibility list published by the 2nd respondent after scrutiny of applications and on humanitarian grounds and pass such other order. Counsel for the Petitioner: 1. KASA JAGANMOHAN REDDY Counsel for the Respondent(S): 1. ARUN SHOWRI G 2. GP FOR SERVICES I The Court made the following: 3 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.16722 of 2025 ORDER: 1. The present Writ Petition is filed questioning the impugned order vide RC.No.2866259/Gen.trans/E3/2025, dated 19.06.2025 rejecting the request of the Petitioner for transfer from Respondent No.3-College and retaining Respondent No.5 at Tirupati, as illegal and arbitrary. 2. The brief facts are as follows; The Petitioner had joined the Medical and Health Department on 15.10.1992 and had rendered continuous service of 33 years and is working at Kurnool Medical College since 30.03.2022. While so, Respondent-State had issued G.O.Ms.No.23, Finance (HR.I.PLG & Policy) Department, dated 15.05.2025, prescribing guidelines for transfer of Government employees in all the Departments. G.O.Ms.No.344, Health, Medical and Family Welfare (B1) Department, dated 31.05.2025 was issued in slight modification to the transfer guidelines issued under G.O.Ms.No.23, dated 15.05.2025, to suit the needs of the Department. 3. The Petitioner, on account of medical problems i.e. Type-2 Diabeties and with Right Upper Limb Hemiplegia, sought transfer to Tirupati, where his first daughter is working as Assistant Professor in 4 SVIMS, Tirupathi and his second daughter is studying 1st year M.D., in SVRR, GGH, Tirupati. It was further pleaded that Respondent No.5 was continuing in the corresponding post at S.V. Medical College, Tirupathi from 17.06.2011 and had completed nearly 14 years of service in the same station. Though the application of the Petitioner was initially recommended for transfer and the request of retention of Respondent No.5 was rejected by Respondent No.2, the orders of transfers were not issued by Respondent No.2 and the Petitioner was informed that Respondent No.5 was retained at Tirupathi. Hence, the present Writ Petition is filed. 4. Respondent No.5 filed a Counter-Affidavit admitting the fact that he had completed 14 years of continuous stay at Tirupathi while working as NMA Gazetted in the Department of Bio-Chemistry at S.V. Medical College, Tirupathi. Further, it was pleaded that continuance of Respondent No.5 was on account of being an Office Bearer (Treasurer) of APNGOs Association, Tirupati Taluka, which is a duly recognised service Association. 5. In the Counter-Affidavit, reliance was placed to the transfer guidelines on Paragraph No.4, where retention of office bearers of the recognised Association. Respondent No.5 further pleaded that the Petitioner had worked for a period of 23 years continuously in S.V.M.C. 5 Tirupathi before his compulsory transfer to Kurnool Medical College in the year 2022 and the Petitioner had completed only 3 years in the present station and he is not qualified for seeking transfer as per the transfer guidelines. 6. Learned counsel for the Petitioner as well as the learned counsel for Respondent No.5 reiterated their submissions in tune with their respective pleadings. The learned Assistant Government Pleader submitted that as per the transfer guidelines, Respondent No.5 was retained in Tirupathi, as he is an office bearer of a recognised employees Association. 7. Reasoning: This case revolves around the right of the office bearer of a recognised employees Association to continue in a particular station till completion of tenure as office bearer. 8. The Paragraph 4(i) of the transfer guidelines framed under G.O.RT.No.344, dated 31.05.2025 states that the employees, who have completed more than 5 years of service continuously at a station, shall be transferred without exception. The Paragraph 4(ii) of the transfer guidelines provides that the employees, who completed two years of service at a station as on 31.05.2025, are only eligible for request transfers. The Paragraph 4(x) states that in addition to the 6 general guidelines, the guidelines prescribed in G.O.Ms.No.23, Finance (HR.I.PLG & Policy) Department, dated 15.05.2025 would be followed. 9. The Paragraph 5 of G.O.Ms.No.23, dated 15.05.2025 provides for Procedure for Transfers and Postings and sub-paragraph (v)(a) to (d) thereof deals with retention of office bearers of recognised employees Association and the same reads as under; “v. (a) The standing instructions on the transfers of office bearers of recognised employees Associations as issued in Circular Memo No. GAD01- SW0SERA/27/2019- SW, GA (Services Welfare) Department, dt.15.06.2022 will apply i.e. not to transfer the office bearers of all the Recognised Service Associations in the State at State level, District level and Division/Mandal level, until their completion of three (3) terms or nine (9) years of stay in a particular station. (b) The list of office bearers at the taluk and district levels of recognised Employees Associations shall be forwarded to the Heads of Departments (HODs) at the district level through the respective Collectors. (c) The list of the State Associations shall be forwarded to the HODs at the State level through the General Administration Department (GAD) only. The transferring authority is instructed not to consider any list that has not been received through the aforementioned channels. 7 (d) However, the competent authorities can effect transfers on administrative grounds even before expiry of the present nine years period after recording the reasons.” 10. The Paragraph 5(v)(a) as extracted and highlighted above provides for retention of an office bearer at a particular station for 3 terms or 9 years at a particular station. The retention of an office bearer for 3 terms or 9 years of stay at a particular station is disjunctive and cannot be understood to mean 9 years as office bearer. 11. The Paragraph 5(v)(a) of G.O.Ms.No.23, dated 15.05.2025, if read along with Paragraph 4(i) of G.O.RT.No.344, dated 31.05.2025 prescribing inevitable transfer on completion of 5 years at a particular station, discloses that the maximum period, an employee/office bearer of a recognised employees Association can be retained in a particular station is a maximum of 9 years, irrespective of the status as an office bearer as on the date of transfer. 12. It is to be noted that the phrase ‘3 terms or 9 years period’ mentioned in Paragraph 5(v)(a) of G.O.Ms.No.23, dated 15.05.2025 is not to be understood as 9 years as office bearer. This understanding is amplified by the fact that every Association has its own period of office for the executive body/office bearer starting from one year onwards as 8 provided in the respective Association bye-laws and the retention for 3 terms does not necessarily mean 9 years. 13. Reverting to the facts on hand, Respondent No.5 had completed 14 years of continuous stay at Tirupathi and seeks further continuance on the basis of being elected as Treasurer of APNGOs Association, Tirupathi Taluka from 24.12.2023. As noted above, the retention of an employee beyond 9 years is not contemplated under the transfer policy and it is exactly this kind of misuse that the policy sought to curtail by inserting the 9 years of continuous stay at a particular station in the transfer policy as the maximum stay. 14. In the light of the above reasoning, the writ petition is disposed of with following directions; (i) The Respondent-authorities are directed to re-examine the request of the Petitioner for transfer to Tirupathi taking note of the medical issues and the familial reasons; (ii) The exercise should be completed within a period of two (2) months from the date of receipt of the copy of the order. (iii) No order as to costs. 15. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 29.10.2025 IS 9 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.16722 of 2025 Date: 29.10.2025 IS