APHC010489532024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SATURDAY, THE 19th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 25298 OF 2024 Between: 1. G MALLIKARJUNA, S/o. G.Rachappa, E.No. 426476, Occ RTC Employee, Aged about 55 years, R/o. APSRTC Dhone Nandyala District. ...Petitioner AND 1. THE STATE OF AP, Rep.by its Principal Secretary, Department of Transport, Roads and Building, A.P. Secretariat, Amaravati Capital City, Velagapudi, Thullur(M), Guntur District. 2. APSRTC, Rep.by its Vice Chairman and Managing Director Bus Bhavan, pandit Nehru Bus Station, Krishnalanka, Vijayawada, Krishna District. 3. District Public Transport Officer/Regional Manager, APSRTC, Kurnool District. 4. Depot Manager, APSRTC, Dhone Depot, Nandyala District. ...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 an order or direction or writ more particularly on in the nature of Writ of Mandamus or any other suitable writ declaring the in action of the respondents in transferring me from 4th Respondent depot to Pattikonda depot or to any other nearest depot as arbitrary and violation of article 14, 16 and 21 of Constitutional of India and transfer policy as contained in G.O.Ms.No. 2 75 dated 17.08.2024 Government of Andhra Pradesh and consequently direct the respondents to transfer me to pattikonda Depot APSRTC, Kurnool District or any other nearest depot and pass IA NO: 1 OF 2024 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 pleased to direct the Respondents to make a temporary transfer on deputation or otherwise, pending hearing in the main Writ Petition and pass IA NO: 1 OF 2026 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 may be pleased to grant leave to file the counter affidavit in W.P.No.25298 of 2024 and pass Counsel for the Petitioner: M PITCHAIAH Counsel for the Respondents: ARAVALA RAMA RAO(SC FOR APSRTC KKAC) Counsel for the Respondents:GP FOR SERVICES II The Court made the following order: 3 THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION NO: 25298 of 2024 O R D E R 1) The Writ Petition is filed for the following relief: “…. to issue an order or direction or writ more particularly on in the nature of Writ of Mandamus or any other suitable writ declaring the inaction of the respondents in transferring me from 4th Respondent depot to Pattikonda depot or to any other nearest depot as arbitrary and violation of Articles 14, 16 and 21 of Constitutional of India and transfer policy as contained in G.O.Ms.No. 75 dated 17.08.2024 Government of Andhra Pradesh and consequently direct the respondents to transfer me to Pattikonda Depot APSRTC, Kurnool District or any other nearest depot and pass……” 2) The case of petitioner is that he had completed 12 years and 9 months of service at Dhone as a “Trimmer” bearing Staff No. 426476. Petitioner submitted a request seeking his transfer to Pathikonda on the ground that his wife is working as a “Secondary Grade Teacher” in the Mandal Parishad Upper Primary School, Hampa, Maddikera Mandal, Kurnool District. 3) Petitioner placed reliance upon the Transfer Policy issued by the Government vide G.O.Ms.No.75, dated 17.08.2024. Clause IV(6) of the said policy stipulates that, where both husband and wife are Government employees, efforts shall be made to post them at one station or at stations which are nearer to each other. 4 4) It is the further case of Petitioner that, pursuant to the aforesaid policy, he submitted a representation seeking his transfer to Pathikonda, specifically pointing out that a vacancy was available at Pathikonda, where one M. Nagendra Reddy, Trimmer, Employee No.425019, had been working since January, 2019. Petitioner, therefore, requested the authorities to accommodate him against the said vacancy, in terms of the transfer policy. However, notwithstanding the said representation and the specific ground urged by Petitioner, his request for transfer to Pathikonda was not considered. Instead, he is being continued at Dhone a place situated at a considerable distance from the place of employment of his wife, namely, Hampa, which is stated to be approximately 85 kilometres away. According to Petitioner, such posting has caused considerable hardship and adversely affected his family life, particularly when the applicable transfer policy contemplates, as far as possible, posting of spouses who are both Government employees at the same station or at stations nearer to each other. 5) Learned Standing Counsel appearing for Respondent- Corporation, placing reliance upon the counter-affidavit filed on behalf of the Corporation submitted that Petitioner’s request for transfer to Pathikonda could not be considered on administrative grounds having regard to the existing cadre strength and the exigencies of service. It is 5 further stated that there is a substantial shortage of personnel in the Mechanical Department, particularly in the categories of Mechanics and Artisans, and that permitting Petitioner’s transfer would cause inconvenience in the day-to-day maintenance and operations of the buses. Accordingly, Respondent-Corporation contends that Petitioner’s request for transfer to Pathikonda was not considered in the interest of administration and to ensure uninterrupted maintenance of the bus fleet. 6) Having regard to the fact that Petitioner has been working at Dhone for more than 12 years and has sought transfer to a place nearer to the station where his wife is presently working, the request of Petitioner requires consideration in the light of the applicable transfer policy. In particular, Clause IV(6) of G.O.Ms.No.75, dated 17.08.2024, contemplates that, where both husband and wife are Government employees, efforts shall be made to post them at one station or at stations nearer to each other. Therefore, Petitioner’s request merits consideration by Respondent-Corporation in accordance with the said policy and subject to the administrative requirements of the Corporation. 7) In view of the foregoing, Petitioner is permitted to submit a fresh representation to Respondent-Corporation seeking his transfer, setting out all the relevant facts and grounds. Upon receipt of such 6 representation, Respondent-Corporation shall consider the same in accordance with the applicable transfer policy contained in G.O.Ms.No.75, dated 17.08.2024, as well as Notification No.PD- 19/2024, dated 19.08.2025, and pass an appropriate order, in accordance with law. While considering Petitioner’s request, Respondent-Corporation shall take into consideration the fact that his wife is presently working at Hampa and post him either at the place where his wife is working or at a nearby station in terms of the applicable transfer policy. 8) With the above observations, the Writ Petition is disposed of. 9) No order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. __________________________ JUSTICE BALAJI MEDAMALLI Date: 19.09.2026 SM 7 THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI WRIT PETITION No. 25298 of 2024 Dated: 19.09.2026 SM