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2025 DAILYLAW 47319 (AP)

KOKA RATNA CHANDRIKA v. The State of Andhra Pradesh,

WP/22311/2025 · 2025-10-15

Nyapathy Vijay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC0103222&2025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WM 0^ THURSDAY, THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRUUSTICE NYAPATHY VIJAY WRIT PETITION NO: 16106 AND 22311 OF 2025 WRIT PETITION NO: 16106 OF 2025 Between: Dr. Eereti Sambamurthy, S/o E Appanna Dora, Age - 52, Junior Veterinary Officer, Working in Office of Joint Director, State Animal Husbandry Training Centre, Mandapeta. R/o. D. No. 115-7-310, Rajiv Nagar Colony, Kontamuru, Rajamahendravaram Rural, Andhra Pradesh ...Petitioner AND of Andhra Pradesh, Animal Husbandry Represented by 1. The State Principal Secretary to Government, AP Secretariat, Velagapudi, Guntur District, Pin 522 238. 2. Director of Animal Husbandry, Directorate of Animal Husbandry, NTR Veterinary Super Specialty Hospital Premises, Labbipet, Vijayawada- 520010. 3. Additional Director (AH), Directorate of Animal Husbandry, NTR Veterinary Super Specialty Hospital Premises Labbipet, Vijayawada- 520010. 4. Joint Director (AH), State Animal Husbandry training Centre, Mandapeta. 5. The Andhra Pradesh Junior Veterinary officers and Veterinary Livestock Officers Service Association, Erstwhile East Godavari Dist., 6. K Ratna Chandrika, Age- Not know, D/o Not known. Office of Joint director, SAHTC, Mandapeta, A.P ...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 a writ, order or direction particularly one in the nature of Writ of Mandamus setting aside the impugned order, as illegal, arbitrary, unjust, unfair, improper, bias, grudge, oblique, improper motive for ulterior purpose, mala fide and amounting to unfair practices and violation of Articles 14, 16 and 21 of the Constitution of India and consequently direct the Respondents to retain the Petitioner in the current location at State Animal Husbandry Training Centre at Mandapeta. 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 suspend the effect and operation of the impugned order, retaining the petitioner in the current place. lA NO: 2 OF 2025 Between: Koka Ratna Chandrika, Office of Joint director, SAHTC, Mandapeta, Andhra Pradesh. ...Petitioner/6*^ respondent AND 1. Dr. Eereti Sambamurthy, S/o E Appanna Dora, Age - 52, Junior Veterinary Officer, Working in Office of Joint Director, State Animal R/0. D. No. 'll5-7-310, Rajiv Rural, Andhra Husbandry Training Centre, Mandapeta Nagar Colony, Kontamuru Pradesh Rajamahendravaram ...Respondent/Writ Petitioner 2. The State of Andhra Pradesh, Animal Husbandry Represented by Principal Secretary to District, Pin 522 238. 3 Director of Animal Husbandry, Directorate of Animal Husbandry, NTR Specialty Hospital Premises, Labbipet, Vijayawada- of Animal Husbandry, NTR Specialty Hospital Premises Labbipet, Vijayawada- Government, AP Secretariat, Velagapudi, Guntur Veterinary Super 520010. 4. Additional Director (AH), Directorate Veterinary Super 520010. 5. Joint Director (AH), State Mandapeta. Animal Husbandry training Centre, Junior Veterinary officers and Veterinary Livestock Service Association, Erstwhile East Godavari Dist., ...Respondents/Respondents 6. The Andhra Pradesh Officers Petition under Section 151 CPC praying that in the circumstances stated support of the petition, the High Court may be pleased to WP No. 16106/2025 in the affidavit filed in the interim orders passed in lA No. 1 /2025 in vacate dated 1.7.2025 in the interest of justice. Counsel for the Petitioner: SRI TAGORE YADAV YARAGORLA Counsel for the Respondent No.6; SRI YALLABANDl RAMATIRTHA Counsel for the Respondents No.1 to 5: GP FOR SERVICES 1 APHC010439812025 B 9^ WRIT PETITION NO: 22311 OF 2025 Between: Chandrika, W/o. late. Pokarla Sudhakar Rao, Aged about 60 Office of Joint Director, SAHTC, Mandapeta, Erstrwhile East Godavari District, now Kakinada District, Andhra Pradesh. Koka Ratna years. ...Petitioner AND State of Andhra Pradesh, Animal Husbandry Rep by Principal Secretary to Government, AP Secretariat, Velagapudi, Guntur Dist. Special chief Secretary to Government, Government of Andhra Health, Medical and Family Welfare Department Secretariat 1. The 2. The Pradesh, Buildings, Velagapudi, Guntur Dist. Director of Animal Husbandry, Directorate of Animal Husbandry, Super specialty Hospital Premises Labbipet, 3. The NTR Veterinary Vijayawada 520 010 4. The Additional Director (AH), Directorate of Animal Husbandry, NTR Veterinary Super Specialty Hospital Premises, Labbipet, Vijayawada 520 010 5. The Joint Director (AH), State Animal Husbandry Training Centre, Mandapeta, Erstwhile East Godavari District Now Kakinada District Pradesh Junior Veterinary Officers, and Veterinary 6. The Andhra Livestock Officers Service Association, Erstwhile East Godavari Dist. 7. Dr Eereti Sambamurthy, S/o: E Appanna Dora, Aged 52 years. Junior Veterinary Officer, Previously’Worked in office of Joint Director, State Animal Husbandry Training Centre, Mandapeta, R/o. D No. 115-7-310, Rajiv Nagar Colony, Kontamuru, Rajamahendravaram Rural, AP ...Respondents Article 226 of the Constitution of India praying that in the the affidavit filed therewith, the High Court may be Petition under circumstances stated in I V' pleased to issue a writ of Mandamus declaring the action of the Respondent No. 3 in issuing proceedings in Roc.No.14180/BII/2025 dated 7-7-2025 transferring the Petitioner from SAHJC, Mandapeta, East Godavari to RLU Pedapalaparru, Krishna District as ill-legal, arbitrary and capricious and set aside the same, consequently confirm the order dated 09-06-2025 in Roc.No.14180/BII/2025 and enabling the Petitioner to continue at SAHTC, Mandapeta, East Godavari District in the interest of justice. 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 Nos. 3 to 6 to continue the Petitioner at the office of Joint Director, SAHTC, Mandapeta,, East Godavari District. Counsel for the Petitioner: SRI PECHATHY RANGA RAO Counsel for the Respondents No.1 to 6: GP FOR SERVICES I Counsel for the Respondent No,7: SRI TAGORE YADAV YARAGORLA The Court made the Following Common Order: APHC010322282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] 0^ f THURSDAY,THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 16106 OF 2025 Between: 1.EERETI SAMBAMURTHY, S/0 E APPANNA DORA,AGE JUNIOR VETERINARY OFFICER,WORKING IN OFFICE OF JOINT DIRECTOR, STATE ANIMAL HUSBANDRY TRAINING CENTRE, MANDAPETA. R/0. D. NO. 115-7-310, RAJIV NAGAR COLONY, RAJAMAHENDRAVARAM RURAL, ANDHRA 52 KONTAMURU, PRADESH ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, ANIMAL HUSBANDRY REPRESENTED BY PRINCIPAL SECRETARYTO GOVERNMENT, AP SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, PIN 522 238. 2.DIRECTOR OF ANIMAL HUSBANDRY, DIRECTORATE OF ANIMAL HUSBANDRY NTR VETERINARY SUPER SPECIALTY HOSPITAL PREMISES,LABBIPET, VIJAYAWADA- 520010. 3.ADDITIONAL DIRECTOR AH, DIRECTORATE OF ANIMAL HUSBANDRY,NTR VETERINARY SUPER SPECIALTY HOSPITAL PREMISESLABBIPET,VIJAYAWADA- 520010. 4.JOINT DIRECTOR AH, STATE ANIMAL HUSBANDRY TRAINING CENTRE, MANDAPETA. 5.THE ANDHRA PRADESH JUNIOR VETERINARY OFFICERS AND VETERINARY LIVESTOCK CFFICERS SERVICE ASSOCIATION, ERSTWHILE EAST GODAVARI DIST., 6.K RATNA CHANDRIKA, AGE- NOT KNOW, D/0 NOT KNOWN OFFICE OF JOINT DIRECTOR, SAHTC, MANDAPETA, A.P ...RESPONDENT(S): Counsel for the Petitioner: 1 .TAGORE YADAV YARAGORLA Counsel for the Respondent(S): 1.YALLABANDI RAMATIRTHA 2.GP FOR SERVICES I WRIT PETITION NO: 22311 OF 2025 Between: 1.KOKA RATNA CHANDRIKA, W/0. LATE. POKARLA SUDHAKAR RAO, AGED ABOUT 60 YEARS, OFFICE OF JOINT DIRECTOR, SAHTC, MANDAPETA, ERSTRWHILE EAST GODAVARI DISTRICT^ NOW KAKINADA DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, ANIMAL HUSBANDRY REP BY PRINCIPAL SECRETARY TO GOVERNMENT, AP SECRETARIAT, VELAGAPUDI, GUNTUR DIST. 2.THE SPECIAL CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT OF ANDHRA PRADESH, HEALTH, MEDICAL AND FAMILY WELFARE DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DIST. 3.THE DIRECTOR OF ANIMAL HUSBANDRY, DIRECTORATE OF ANIMAL HUSBANDRY, NTR VETERINARY SUPER SPECIALTY HOSPITAL PREMISES LABBIPET,VIJAYAWADA 520 010 4.THE ADDITIONAL DIRECTOR AH, DIRECTORATE OF ANIMAL HUSBANDRY, NTR VETERINARY SUPER SPECIALTY HOSPITAL PREMISES, LABBIPET,VIJAYAWADA 520 010 5.THE JOINT DIRECTOR AH, STATE ANIMAL HUSBANDRY TRAINING CENTRE, MANDAPETA. ERSTWHILE EAST GODAVARI DISTRICT NOW KAKINADA DISTRICT 6.THE ANDHRA PRADESH JUNIOR VETERINARY OFFICERS, AND VETERINARY LIVESTOCK OFFICERS SERVICE ASSOCIATION, ERSTWHILE EAST GODAVARI DIST. 7.DR EERETI SAMBAMURTHY, S/0. E APPANNA DORA, AGED 52 YEARS, JUNIOR VETERINARY OFFICER, PREVIUSLY WORKED IN OFFICE OF JOINT DIRECTOR, STATE ANIMAL HUSBANDRY TRAINING CENTRE, MANDAPETA, R/O. D NO. 115-7-310, RAJIV NAGAR COLONY, KONTAMURU, RAJAMAHENDRAVARAM RURAL, / AP ...RESPONDENT(S): Counsel for the Petitioner: 1. PECHATHY RANGA RAO Counsel for the Respondent(S): 1.TAGORE YADAV YARAGORLA 2.GP FOR SERVICES I The Court made the following: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 16106 AND 22311 OF 2025 COMMON ORDER: The Writ Petition No. 16106 of 2025 is filed questioning the order of transfer of the Petitioner from SAHTC, Mandapeta to RLU, Pedapalaparru as illegal and arbitrary. The Writ Petition No. 22311 of 2025 is filed questioning the Proceedings in Roc.No.14180/BII/2025, dated 07.07.2025 issued by the Respondent No.3 transferring the Petitioner from SAHTC, Mandapeta, East Godavari to RLU Pedapalaparru Krishna District as illegal and arbitrary. 2. The issue in both the Writ Petitions is same and therefore are being disposed of by a Common Order. W.P.No. 16106 of 2025 is taken as lead case. 3. Heard learned counsel for the Petitioners and learned Assistant Government Pleader for the Respondents. 4. The Petitioner in W.P.No. 16106 of 2025 was appointed as Veterinary Assistant on 04.01.1997 in the Veterinary Department and he is now working as Junior Veterinary Officer in State Animal Husbandry Training Centre Mandapeta, Dr. B.R.Ambedkar Konaseema District. While so, on 09.06.2025 the Petitioner was transferred to Regional Livestock Unit, Pedapalaparru, Krishna District, pursuant to the annual general proceedings and Respondent % No.6 was posted in the place of the Petitioner. Questioning the same, the present Writ Petition came to be filed. r 5. The order of transfer is questioned on the ground that the Petitioner is a Secretary of A.P.Junior Venterinary Officer and Junior Livestock Officers Association and as per the transfer policy, the office bearers of ail the recognized Service Associations in the State shall not be transferred to the heads of the department at the District Level. 6. The Respondents filed Counter-Affidavit contending that the Petitioner is aged about 60 years and he is having less than 2 years of service for superannuation and further stated that the Petitioner had lost her husband and sought for transfer by opting Navara, Samarlkot Mandal, LN2 Plant, Kakinada (APLDA) and Veterinary Poli Clinic, Kakinada. As the Petitioner has sought for above mentioned places as she had 80 years old mother and a adopted school going girl. Considering the request of the Petitioner, the Petitioner was posted at SAHTC Mandapet. It is further contended that consequent to the impugned order, the Petitioner had joined respective place of work and drawn salary from the month of June-2025. It is further pleaded that the factum of Petitioner joining at SAHTC, Mandapeta was suppressed by the Writ Petitioner. 7. Mr. S. Raju, learned Assistant Government Pleader for the Respondents, on instructions, would submit that the impugned order need not faulted as the posting of the Respondent No.6 at SAHTC Mandapet was at Vs. -V familial conditions and on humanitarian grounds and the clause in the transfer policy that the office bearers of the recognized associations should not be transferred is not the absolute clause and valid reasons and the administration can defeat the said policy. 8. Clause 5 (v)(a) of the deals with Procedures for Transfers and Postings in G.O.Ms.No.23, Finance *HR.I-PLG. & Policy) Department, dated 15.05.2025 clearly speaks that the office bearers of the recognized association should not be transferred until completion of three terms or 9 years of stay in particular station should not be disturbed. However, Clause 5 (v)(d) thereof would speak that the competent authorities can affect transfers on administrative grounds even before expiry of the present nine years period after recording the reasons. 9. In this case, the Petitioner is a widow and she is having 80 year old mother to be looked her, apart from that, she is having adopted school going child, which are undisputed facts. The transfer was on account of familial conditions of the Respondent and the Petitioner in such circumstances cannot claim the absoluteness to continue in the same post as being the member of a recognized service association. 10. It is a matter of common knowledge that transfer is an incidence of service and guidelines on transfer are only an endeavour of the State to adhere to the same to the extent possible. The transfer guidelines are only a check on the power of transfer. As long as the order of transfer is in not \ , irrational and malafide, the Petitioner cannot insist to be continued only account of being an office bearer of an employee association. on / 11. Accordingly, the W.P.No. 16106 of 2025 is dismissed. In view of the orders passed in W.P.No.16106 of 2025, no orders are required to be passed in W.P.No.22311 of 2025. Accordingly, W.P.No.22311 of 2025 is closed. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. One CC to SRI TAGORE YADAV YARAGORLA Advocate [OPUC] One CC to SRI PECHATHY RANGA RAO, Advocate [OPUC] One CC to SRI YALLABANDI RAMATIRTHA Advocate [OPUC] Two CCs to GP FOR SERVICES I High Court of Andhra Pradesh [OUT] Two CD Copies 2. 3. 4. 5. gsg HIGH COURT DATED:16/10/2025 COMMON ORDER WP NO. 16106 AND 22311 OF 2025 0 3 NOV 2025 ov ^^^NQjrrentSectjo|>^* DISMISSING THE WP NO.16106 OF 2025 CLOSING THE WP N0.22311 OF 2025 WITHOUT COSTS