APHC010659212025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 34154/2025 Between: 1. KURUBA ADINARAYANA, S/O K. NARAYANA SWAMY, AGED ABOUT 45 YEARS, OCC SCHOOL ASSISTANT (MATHEMATICS), R/O. MP UPS STALIN NAGAR, PERSENTLY WORKING AT ZPHS,POOLACHARLA, ANANTAPUR DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI - 522001. 2. THE COMMISSIONER AND DIRECTOR OF SCHOOL EDUCATION, GOVERNMENT OF ANDHRA PRADESH 4TH FLOOR, B BLOCK, VTPS ROAD, BHIMARAJU GUTTA, IBRAHIMPATNAM, ANDHRA PRADESH - 521456. 3. THE REGIONAL JOINT DIRECTOR, KADAPA, ANANTHAPUR DISTRICT. 2 4. THE DISTRICT EDUCATIONAL OFFICER, ANANTAPUR DISTRICT, ANDHRA PRADESH. ...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 topleased to Issue an appropriate writ, order or direction particularly in the nature of Writ Of Mandamus in transferring the petitioner to the faraway place Vide RC. No SPL/ANANTAPUR/2025 dated 16.06.2025 from the present working place even though he is not under compulsory transfer and also violative of status quo order in. WP (PIL). No.84 OF 2025 and batch of this hon'ble court with respect to the persons with benchmark disabilities as illegal, arbitrary and violative of principles of natural justice and consequently set aside the transfer order Vide RC. No SPL/ANANTAPUR/2025 dated 16.06.2025 and Pass 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 Pending disposal of the main writ petition, it is humbly prayed that this hon'ble court to consider the case of the petitioner in transferring the petitioner to the nearest school in MPUPS, Stalin Nagar, Ananthapur and Pass Counsel for the Petitioner: 1. CH B R P SEKHAR Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following: 3 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.34154 of 2025 O R DE R: The present writ petition is filed questioning the transfer proceedings issued vide RC.No:SPL/ANANTAPUR/2025 dated 16.06.2025 in transferring the Petitioner to another place from his present working place and in violation of status quo order in WP (PIL) No.84 of 2025 and batch of this Court with respect to the persons with benchmark disabilities as illegal and arbitrary. 2. The Petitioner was appointed in M.P.U.P School, Stalin Nagar under P.H (Physically Handicapped/Persons with Benchmark Disability) category for Hearing Impairment. It is stated that on account of completion of 08 years of service, Petitioner became surplus and was compelled to apply for transfers under Physically Handicapped (P.H) Category. 3. Consequent to the option exercised, the Petitioner was transferred vide Proceedings in Rc.No:SPL/ANANTAPUR/2025 dated 16.06.2025 to Z.P.H.S Poolacharla. 4. Learned counsel for the Petitioner submits that in the W.P.(PIL).No.84 of 2025, the provisions of A.P State Teachers 4 Transfer Regulation Act, 2025 was challenged on the ground that the same is repugnant to Right of Persons with Disabilities Act, 2016 and this Court had passed interim orders dated 01.05.2025 for persons having Benchmark Disabilities and the impugned order transferring the Petitioner cannot be sustained. 5. Sri M. Dilli Babu, learned Government Pleader attached to the office of learned Additional Advocate General would submit that the Petitioner was transferred on zone violation and on account of Petitioner being surplus staff in the pursuant school. Therefore, the interim order of this Court would not be applicable to the facts of this case. 6. Heard Sri Ch. B.R.P. Sekhar, learned counsel for the Petitioner and Sri M. Dilli Babu, learned Government Pleader for Respondent(s). 7. The W.P (PIL).No.84 of 2025 was filed questioning the validity of A.P State Teachers Transfers Regulation Act, 2025 and to examine the same, repugnant to the Rights of Persons with Disabilities Act, 2016 (Central Legislation) and to exempt the Visually Impaired and other Disabled Teachers and Headmasters 5 Grade II from routine transfer and posting under the Andhra Pradesh State Teachers Transfers Regulation Act 2025. 8. The Division Bench after examining the contentions in W.P (PIL).No.84 of 2025, passed the following Interim Order dated 01.05.2025 which reads as under:- "Response be filed. List on 31.07.2025. In the meantime, status quo be maintained with regard to the transfer of all the employees who are Persons with Benchmark Disabilities (PwBD), including those who are visually impaired." 9. In view of the interim order of the Division Bench, the transfer of the Petitioner cannot be sustained. 10. In that view, this writ petition is disposed of with the following directions:- (i) The Respondents are directed to examine the representation of the Petitioner dated 14.07.2025 and shall pass appropriate orders thereon, within a period of four (04) weeks by considering the interim order passed by this Court in W.P (PIL).No.84 of 2025. (ii) No order as to costs. 6 As a sequel, the miscellaneous petitions if any shall stand dismissed. ___________________ NYAPATHY VIJAY, J Date: 09.12.2025 CHS 7 HON’BLE SRI JUSTICE NYAPATHY VIJAY 126 W.P.No.34154 of 2025 Date: 09.12.2025 CHS