Date of Reserve: 08.12.2025 Date of Pronouncement: 31.12.2025 APHC010452792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 22981/2025 Between: 1. VADDE JAYADEV, S/O ASIRVADAM AGED ABOUT 53 YEARS, WORKING AS ASSISTANT GENERAL MANAGER(ACCOUNTS) ANDHRA PRADESH TOURISM DEVELOPMENT CORPORATION LTD., VIJAYAWADA, R/O VIJAYAWADA. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, YOUTH ADVANCEMENT, TOURISM AND CULTURE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI CAPITAL CITY, GUNTUR DISTRICT. 2. ANDHRA PRADESH TOURISM DEVELOPMENT CORPORATION LIMITED, REP,, BY ITS VICE CHAIRMAN AND MANAGIND DIRECTOR, D.NO.55-17-2 TO 4,5TH FLOOR INDUSTRIAL ESTATE, AUTO NAGAR, VIJAYAWADA. 3. THE EXECUTIVE DIRECTOR, ANDHRA PRADESH TOURISM DEVELOPMENT CORPORATION LIMITED, D.NO.55-17-2, 4, 5TH FLOORS INDUSTRIAL ESTATE, AUTO NAGAR, VIJAYAWADA ...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 an appropriate Writ Order or Direction more particularly in the nature of Writ of Mandamus declaring the proceedings 2 APTDC11/21/2025Admin Sec APTDC dated 11-11-2025 of the 2nd Respondent transferring the Petitioner from the post of Assistant General Manager Marketing in Corporate office Vijayawada, as Assistant General Manager Division Head, Nellore Division, as arbitrary, illegal, punitive, in violation of Principles of Natural Justice extraneous considerations and sub-judice and in violation of Article 14 of the Constitution of India and consequently direct the Respondents to continue the Petitioner Assistant General Manager in the Head Office of the 2nd Respondent Corporation by setting aside the proceedings APTDC 11/21/2025Admin Sec APTDC dated 11-11-2025 of the 2nd Respondent and to pass such other order or orders as this Hon’ble Court may deems fit just and proper in the circumstances of the case. Main Prayer amended/substituted as per Court Order dated 25-11-2025 vide IA No.2 of 2025 in WP No.22981 of 2025. 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 to continue the petitioner Assistant General Manager in the Head Office of the 2nd Respondent Corporation, by suspending the proceedings APTDC- 11/21/2025-Admin Sec-APTDC dated 09-06-2025 of the 3rd Respondent pending disposal of the above writ petition and to pass such other order. IA NO: 2 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 issue an appropriate Writ Order or Direction more particularly in the nature of Writ of Mandamus declaring the proceedings APTDC11/21/2025/Admin Sec/ APTDC dated 11-11-2025 of the 2nd Respondent transferring the Petitioner from the post of Assistant General Manager Marketing in Corporate office Vijayawada, as Assistant General Manager Division Head, Nellore Division, as arbitrary, illegal. punitive, in violation of Principles of Natural Justice extraneous considerations and sub-judice and in violation of Article 14 of the Constitution of India and consequently direct the Respondents to continue the Petitioner Assistant General Manager in the Head Office of the 2nd Respondent Corporation by setting aside the Proceedings APTDC 11/21/2025Admin Sec APTDC dated 11-11-2025 of the 2nd Respondent” and to pass such other orders. 3 Counsel for the Petitioner: 1. SUBBA RAO KORRAPATI Counsel for the Respondent(S): 1. V SRINIVASULA REDDY 2. GP FOR SERVICES I The Court made the following: 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.22981 of 2025 ORDER: 1. The present Writ Petition is filed questioning the Proceedings APTDC-11/21/2025Admin Sec-APTDC, dated 11.11.2025 issued by Respondent No.2 transferring the Petitioner from the post of ‘Assistant General Manager Marketing in Corporate Office, Vijayawada’ as ‘Assistant General Manager Division Head, Nellore Division’, as illegal and arbitrary and consequently to set-aside the same. 2. The facts in brief are as follows; Initially, the Petitioner was appointed as Assistant Manager (Accounts) and subsequently promoted as Deputy Manager (Accounts), Joint Manager (Accounts), Divisional Manager and Assistant General Manager (Accounts) at various places of the Respondent-Corporation. While the Petitioner was working as Assistant General Manager (Accounts), the Petitioner was directed to look after the Market Unit vide Proceedings dated 28.03.2025 and further directed to look after the Marketing Wing vide Proceedings dated 28.04.2025. 5 3. While so, the State Government issued G.O.Ms.No.23, Finance (HR.I-PLG & Policy) Department, dated 15.05.2025 framing guidelines for transfer of employees for the year 2025. Though the said G.O has no application to the Respondent-Corporation, a Circular was issued on 23.05.2025 calling for representation from the individuals for effecting transfers and the employees were called upon to attend the counseling. 4. The Petitioner gave representation on 29.05.2025 along with medical certificates requesting the authorities not to transfer him as he was undergoing medical treatment in Vijayawada and Guntur. It is also stated that the post of Assistant General Manager (Accounts/Finance) is a single sanctioned post, which is available at Corporate Office only. In that view, the Petitioner did not submit any application for transfer and not appeared for counselling for transfer. In view of the same, Respondent No.3 issued Proceedings dated 09.06.2025 transferring the Petitioner as Divisional Manager at Nellore Division. It is contended that the post of Assistant General Manager (Accounts) or (Marketing) is available in the Corporate Office only and there is no post of Assistant General Manager at Nellore Divisional Office. 6 5. It is further stated that while the Petitioner was working as Joint Manager (lower post to the post of Assistant General Manager) Respondent No.3 vide Proceedings dated 28.11.2017 posted him as Divisional Manager, Nellore and after promotion as narrated above, the Petitioner cannot be posted as Divisional Manager at Nellore and therefore the same is a demotion and cannot be sustained. Hence, the present Writ Petition is filed. 6. During pendency of the Writ Petition, a Counter-Affidavit is filed by Respondent Nos.2 and 3, wherein, it is stated that the Petitioner had completed more than five (5) years of service at the Corporate Office, Vijayawada and as per the guidelines issued vide G.O.Ms.No.23, dated 15.05.2025, the Petitioner cannot be continued in the same post. 7. It is further stated that the Petitioner had attended the counseling on behalf of the APTDC Employees’ Association and has not submitted his representation at the time of counseling, but submitted his application after the date of counseling requesting to retain him at Corporate Office, Vijayawada. In that view, the Petitioner was transferred to work as Divisional Manager at Nellore by Respondent No.2 vide Proceedings No.APTDC-11/21/2025- Admin Sec-APTDC, dated 09.06.2025. 7 8. It is further stated in the Counter-Affidavit that the Petitioner had denied to take relieving orders and proceeded on Earned Leave from 16.06.2025 to 06.08.2025 and reported to duty on 10.08.2025. Later on, on his joining, relieving orders were issued vide Proceedings dated 13.08.2025 from the Corporate Office, Vijayawada. As the Petitioner refused to take relieving orders, the same were sent by post to his present address. 9. It is further stated that vide Proceedings No.APTDC/Admn/P1/2021, dated 21.12.2021, the job chart of employees in APTDC was issued, wherein the duties and responsibilities of the post of Divisional Manager is defined and the transfer of the Petitioner from Vijayawada to Nellore is not to a lower post. It is further stated that the Petitioner to hold the same cadre and there is no reduction in rank or emoluments and the medical facilities are equally good in Nellore. 10. It is stated that it is a normal practice to the Respondent- Corporation to post responsible officer in the category of Deputy Manager and above, as Divisional Managers based upon the job chart issued above and there are many instances in APTDC, wherein officers in the category of Assistant General Manager worked/working as Divisional Managers. 8 11. It is stated that one CH. Pavan Kumar, Assistant General Manager is discharging duties of Divisional Manager, Kakinada and earlier also he had discharged duties in the cadre of Assistant General Manager. It is further stated that after classification of posts in APTDC, the post of Assistant General Manager falls under Grade-II held by senior officials in the Corporation. Hence, there is no justification for the post of Assistant General Manager apart from the Corporate Office at Vijayawada. 12. It is stated that in the cadre of Assistant General Manager, only Assistant General Manger (Finance) post is available as per allotted strength of employees during bifurcation. It is further stated that the transfer of the Petitioner is purely on administrative grounds and there is no reduction either in rank or in scale. 13. During pendency of the Writ Petition, the impugned order was issued in modification of the orders dated 09.06.2025 stating that the Petitioner is transferred in the cadre of Assistant General Manager, Division Head, Nellore Division. 14. An additional Counter-Affidavit was filed stating that the Managerial cadre includes Junior Manager, Deputy Manager and Assistant Manager and staff are further classified as Supervisory 9 Staff, Senior Staff and Junior Staff, apart from workforce comprising Drivers and General Helpers Grades I & II. It is stated that the Divisions were created with a view that once a Division becomes fully functional, an officer of the Executive cadre (AGM/Manager) is posted to head it. 15. It is stated that at an initial stage, even Deputy Managers may temporarily oversee operations. When a Division reaches full operational capacity with increased tourist footfall and activity, its administration is entrusted to a Senior Executive of the AGM/Manager cadre. The term “Divisional Manager” used in routine post. It is stated that the officer continues in the same cadre and pay scale as Assistant General Manager. 16. It is stated that the Petitioner had worked in various Departments Legal PPM, AMC (O&M), Marketing since his induction and due to limited executive strength, officers in the Executive Cadre are utilized across Departments as per administrative exigencies. It is stated that the Nellore Division, though created in 2001, remained partially functional for some time and at present, the Division comprises Haritha Hotel, Water Fleet Units, Mypadu and TADA Units, besides the Engineering Section. Accordingly, it necessitates a Divisional Head of AGM/Manager cadre. 10 17. Sri Subba Rao Korrapati, learned counsel for the Petitioner would submit that the impugned order of transfer cannot be sustained, as the same was issued after ban period. It is further stated that without reference to the medical condition of the Petitioner, the impugned order of transfer was passed. 18. The learned Senior Counsel Sri K.S. Murthy appearing for the Respondent-Corporation reiterated the contentions made in the Counter-Affidavits and would contend that the transfer of the Petitioner cannot a demotion, as explained in the Counter-Affidavit and Additional Counter-Affidavit and that the said post is equivalent to which the Petitioner is holding. 19. Heard the counsels. 20. The principal grievance of the Petitioner is that the Petitioner was transferred from the post of Assistant General Manager to the post of Divisional Manager, which is a demotion. The Modification Order dated 11.11.2025 clarifies the apprehension of the Petitioner and the Petitioner is transferred as Divisional Manager at Nellore and the same cannot be said to be a demotion. 11 21. As regards the impugned order of transfer during the ban period, the same does not have any basis, as the order of transfer issued on 09.06.2025 holds good and the impugned order dated 11.11.2025 only clarifies the designation of the Petitioner in the transferred post. It is well known that the transfer is an incidence of service and scope of judicial interference is limited only in examining malice if any or contradicts any Rules. In the present case, there is neither malice nor violation of Rules. 22. In that view, this Court does not find any merit in the Writ Petition and accordingly dismissed. 23. No order as to costs. 24. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 31.12.2025 IS 12 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.22981 of 2025 Dated: 31.12.2025 IS