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2025 DAILYLAW 51791 (AP)

Rupanagudi Udaya Warsha Fareq, v. The State of Andhra Pradesh

WP/18997/2025 · 2025-10-07

Nyapathy Vijay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010376722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18997 OF 2025 Between; Rupanagudi Udaya Warsha Fareq, W/o. Dudekula Tejadeep babu, Age 32 Years, Occ: Panchayat Secretary (Grade-VI) Digital Assistant R/o. D. No. 22/80, Nagalakatta Street, Jammalamadugu village and Mandal YSR Kadapa District-516434. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Special Chief Secretary, Panchayat Raj Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Director, Grama sachivalyam and Department, Kurnool, Kurnool District. 3. The District Collector and District Magistrate, Kurnool, Kurnool District. 4. The District Collector and District Magistrate, Nandyal, Nandyal District. 5. The District Panchayat officer, Kurnool, Kurnool District., 6. The District Panchayat officer, Nandyal, Nandyal District..^ 7. The Mandal Parishad Development officer, /Dornipadu Village and Mandal, Nandyal, Nandyal District 8. T. Sowjanya, Occ: Panchayat Secretary (Grade-VI) Digital Assistant previously working at gundupapala village, Dornipadu Mandal Ward Sachivalayam now under transfer to Krishtipadu village, Dornipadu Mandal, Nandyal, ’“Kiandyal District. r ...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 more particularly, in the nature of Writ of Mandamus, declaring the one action of Respondent No.3 in issuing transfer Proceedings in Roc. No. 866/Pts.A3/2025, dated 30-06-2025, in contravention of the transfer guidelines prescribed under G.O.Ms.No.5, dated 12.06.2025, issued by the Gram Secretariat and Ward Secretariat (GSWS) Department, and Circular Letter No.2866243/F(HR)/GSWS/2025, dated 16.06,2025 issued by 2"^^ respondent as arbitrary, illegal, and also violative of the fundamental rights guaranteed to the petitioner under Articles 14, 16, and 21 of the Constitution of India and consequently set aside the same and further direct the 3''^ respondent to consider the case of the petitioner under spouse category. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the proceedings issued by the 3’’'^ respondent vide proceedings in Roc.No.866/Pts.A3/2025, dated 30.06.2025 with respect to the petitioner transfer from Kristipadu Village Secretariat, Dornipadu Mandal to H. Kottala Village Secretariat, Bethamcherla Mandal. y- Counsel for the Petitioner: SRI J. JANAKIRAMI REDDY Counsel for the Respondent Nos.1, 5 & 6 : GP FOR SERVICES I Counsel for the Respondent Nos.3 & 4 : GP FOR REVENUE Counsel for the Respondent No.2 : GP FOR GRAMA & WARD SACHIVALAYAMS Counsel for the Respondent No.7 : SRI M. SUDHIR, SC FOR GRAM PANCHAYAT Counsel for the Respondent No.8 : SIVA NAGARJUNA SIDHADAPU The Court made the following : APHC010376722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY, THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18997/2025 Between: 1.RUPANAGUDI UDAYA WARSHA FARED TEJADEEP BABU, SECRETARY (GRADE-VI) DIGITAL ASSISTANT R/0. D. NO. 22/80, NAGALAKATTA STREET, MANDAL YSRKADAPA DISTRICT-516434 W/0. DUDEKULA OCC- PANCHAYAT 1) AGE 32 YEARS JAMMALAMADUGU VILLAGE AND ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY, PANCHAYATRAJ DEPARTMENT, SECRETARIAT, VELGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE DIRECTOR, GRAMA SACHIVALYAM AND WARD SACHIVALAYAM DEPARTMENT, KURNOOL, KURNOOL DISTRICT. 3.THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, KURNOOL, KURNOOL DISTRICT. 4.THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, NANDYAL, NANDYAL DISTRICT. 5.THE DISTRICT PANCHAYAT OFFICER, KURNOOL, KURNOOL DISTRICT. 6.THE DISTRICT PANCHAYAT OFFICER, NANDYAL, NANDYAL DISTRICT 7.THE MANDAL PARISHAD DEVELOPMENT OFFICER, /DORNIPADU VILLAGE AND MANDAL, NANDYAL, NANDYAL DISTRICT 8.T SOWJANYA, OCC- PANCHAYAT SECRETARY (GRADE-VI) DIGITAL ASSISTANT PREVIOUSLY WORKING AT GUNDUPAPALA VILLAGE, DORNIPADU MANDAL NOW UNDER TRANSFER TO KRISHTIPADU VILLAGE, NANDYAL DISTRICT DORNIPADU MANDAL, NANDYAL, ...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 issue a writ order or direction more particularly, in the nature of Writ of Mandamus, declaring the one action of Respondent No.3 in issuing transfer Proceedings in Roc. No. 866/Pts.A3/2025, dated 30-06-2025, in contravention of the transfer guidelines prescribed under G.O.Ms.No.5, dated 12.06.2025, issued by the Gram Secretariat and Ward Secretariat (GSWS) Department, and Circular Letter No.2866243/F(HR)/GSWS/2025, dated 16.06,2025 issued by 2nd respondent as arbitrary, illegal, and also violative of the fundamental rights guaranteed to the petitioner under Articles 14, 16, and 21 of the Constitution of India and consequently set aside the same and further direct the 3rd respondent to consider the case of the petitioner under spouse category and pass 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 ay be pleased to suspend the proceedings issued by the 3rd respondent vide proceedings in Roc.No.866/Pts.A3/2025, dated 30.06.2025 with respect to the petitioner transfer from Kristipadu Village Secretariat, Dornipadu Mandal to H KOTTALA Village Secretariat, Bethamcherla Mandal and pass Counsel for the Petitioner: 1.J JANAKIRAMI REDDY Counsel for the Respondent(S): 1.SIVA NAGARJUNA SIDHADAPU 2.GP FOR SERVICES I THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY r WRIT PETITION No.18997 of 2025 ORDER. The present Writ Petition has been filed to declare the action of issuing transfer proceedings vide No.3 respondent in Roc.No.866/Pts.A3/2025, dated 30.06.2025, as illegal and arbitrary. The Petitioner was initially appointed as Panchayat Secretary (Grade- IV) Digital Assistant in the year 2019 and has been discharging her duties at Kristipadu Village Secretariat, Dornipadu Mandal, Nandyal District. The husband of the Petitioner is a Government employee and working as Welfare and Education Assistant at Goriganuru Village Secretariat, Jammalamadugu 2. Mandal, YSR Kadapa District, which is at a distance of 25 kms to the work place of the petitioner. Now the husband of the Petitioner was transferred to by the Veparla-l Village Secretariat, Mylavaram Mandal. While so proceedings impugned, the Respondent Authorities, without reference to the options exercised by the Petitioner i.e. (i) Nossam of Sanjamala Mandal, (ii) Mudigedu Village of Sanjamala Mandal and (iii) Mukkamalla village of Sanjamala Mandal, transferred her to H Kottala Village Secretariat, Bethamcherla Mandal, which is at a distance of 100 kms to the work place of her husband. Questioning the same, the above Writ Petition has been filed. Heard learned counsel for the Petitioner and learned Assistant 3. Government Pleader appearing for the respondents. Learned counsel for the Petitioner would submit that as per the transfer 4. policy, in case where both husband and wife are Government employees, efforts should be made to post both of them at one station or nearer to each other. Learned counsel would also submit that the options exercised by the Petitioner are closer to the work place of her husband and the present place to where she was transferred was not opted by her. Learned counsel would submit that the Petitioner is having two children and elderly mother to be taken care. Therefore, requests for reconsideration of transfers. 5. Learned Assistant Government Pleader appearing for the respondents would submit the case of the Petitioner will be examined and an appropriate decision will be taken on the basis of vacancy position available at places nearer to the work place of her husband. 6. Clause 7 (xi) of the Transfer Policy reads as follows: “In the case where both husband and wife are Government employees, efforts shall be made to post both of them at one station or in the stations that are nearer to each other. ” 7. Admittedly, the husband of the Petitioner is a Government employee and has been working in Mylavaram Mandal as Welfare and Education Assistant. Though the effort of the Respondent-State to post the Petitioner and her husband at places nearer to each other is appreciated, the transfer of the Petitioner to H. Kottala Village Secretariat, Bethamcherla Mandal, which is about 100 km away from her husband's workplace, requires reconsideration. Apart from that, the Petitioner is having two children and elderly mother. c Considering the facts and circumstances of the case, it would be appropriate to direct the Respondent Authorities to consider the request of the petitioner for posting at a place nearer to his family, so as to enable her to 8. attend to her familial obligations and responsibilities. Therefore, the present Writ Petition is disposed of with the following 9. directions: The Respondent Authorities are directed to consider the case of the Petitioner for posting at a place nearer to her home on humanitarian 0) grounds as expeditiously as possible. The ban on transfers will not apply for considering the case of the (ii) Petitioner. (iii) No order as to costs. As a sequel, miscellaneous applications, pending, if any, shall stand closed. Sd/- SRI T.SRINIVASA RAO ASSISTANT REGISTRAR //TRUE COPY// i SECTION OFFICER To, 1. The Special Chief Secretary, PanchayatRaj Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Director, Grama Sachivalyam and Department, Kurnool, Kurnool District. 3. The District Collector and District Magistrate, Kurnool, Kurnool District. 4. The District Collector and District Magistrate, Nandyal, Nandyal District. 5. The District Panchayat officer, Kurnool, Kurnool District. 6. The District Panchayat officer, Nandyal, Nandyal District Ward sachivalayam 7. The Mandal Parishad Development officer, /Dornipadu Village and Mandal, Nandyal, Nandyal District. 8. One CC to Sri J. Janakirami Reddy, Advocate [OPUC] 9. One CC to Sri Siva Nagarjuna Sidhadapu, Advocate [OPUC] 10. Two CCs to GP for Services I, High Court of Andhra Pradesh [OUT] 11. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 12. Two CCs to GP for Grama & Ward Sachivalayams, High Court of Andhra Pradesh [OUT] 13. One CC to Sri M. Sudhir, SC for Gram Panchayat (OPUC) 14. Two CD Copies Cnr Si HIGH COURT DATED:08/10/2025 ORDER WP NO. 18997 OF 2025 1 <\ OCT 2025 )°] i o: S' iirrentSectioiv^^ ll DISPOSING OF THE W.P. WITHOUT COSTS