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2026 DAILYLAW 2188 (AP)

Bukke Sivamma Bai, v. THE STATE OF ANDHRA PRADESH

WP/10235/2026 · 2026-05-05

V Sujatha

body2026

Judgment text

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APHC010185682026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 10235/2026 Between: 1. BUKKE SIVAMMA BAI,, W/O. MENAVATH RAVINDRA NAIK, AGED ABOUT 31 YEARS,R/O. D.NO. 4-78, ST COLONY, NALLAKALVA VILLAGE, ATMAKUR MANDAL, NANDYAL DISTRICT -518422. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, , REP BY ITS SPECIAL CHIEF SECRETARY, HORTICULTURE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT-522238. 2. THE DISTRICT COLLECTOR, KURNOOL DISTRICT, KURNOOL- 518002. 3. THE DISTRICT COLLECTOR, NANDYAL DISTRICT, NANDYAL- 518502. 4. THE DISTRICT HORTICULTURE OFFICER, KURNOOL DISTRICT, KURNOOL-518002. 5. THE DISTRICT HORTICULTURE OFFICER, NANDYAL DISTRICT, NANDYAL-518502 ...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 more particularly one in the nature Writ of Mandamus, declaring the inaction of the 2 VS,J W.P.No.10235 of 2026 2nd respondent in considering the petitioner request for transfer near to her husband work place under the spouse category though petitioner is entitled for consideration under G.O.M.S.No.23, Finance H.R.l-PLG.and POLICY) DEPARTMENT,dt. 15.05.2025,as illegal, arbitrary consequently direct the 2nd respondent to issue transfer orders in any appropriate place near to her husband workplace 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 to direct the 2nd respondent to consider and pass appropriate orders for transfer of petitioner to appropriate place near to her husband work place in pursuance to the representation dt. 02.07.2025 and 26.03.2026 and pass Counsel for the Petitioner: 1. K RATHANGA PANI REDDY Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following: 3 VS,J W.P.No.10235 of 2026 THE HON’BLE SMT. JUSTICE V.SUJATHA Writ Petition No: 10235 of 2026 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief: “…to issue an appropriate writ, order or direction more particularly one in the nature Writ of Mandamus, declaring the inaction of the 2nd respondent in considering the petitioner request for transfer near to her husband work place under the spouse category though petitioner is entitled for consideration under G.O.Ms.No.23, Finance (H.R.I- PLG & POLICY) Department, dated 15.05.2025, as illegal, arbitrary consequently direct the 2nd respondent to issue transfer orders in any appropriate place near to her husband workplace and pass such other order or orders…”. 2. Brief facts of the case are that the petitioner is working as Horticulture Assistant (VHA) at Pedda Gummadapuram RSK, which is situated in a tribal area, while her husband is posted at Kokkarancha Village RSK. Having worked for more than two years in the tribal area, the petitioner sought transfer under the spouse preference category and submitted three options for posting at Yedurupadu RSK of Kothapalli Mandal. However, without considering the options submitted by her, the petitioner was transferred to Kocharevu RSK of Dhone Mandal, which is about 160 Kms. away from the place where her husband is working. Aggrieved thereby, the petitioner submitted representations to Respondent No.2 on 02.07.2025 and subsequently on 26.03.2026, requesting consideration for transfer to a suitable place nearer to her husband’s place of work. Since no orders have been passed on the said representations, despite the petitioner being entitled for consideration under the spouse category in terms of G.O.Ms.No.23, Finance (H.R.I-PLG & POLICY) Department, dated 15.05.2025, the present Writ Petition has been filed. 4 VS,J W.P.No.10235 of 2026 3. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Services–II, appearing for the Respondents. 4. As the relief sought in the present Writ Petition is only to the extent of consideration and disposal of the representations submitted by the petitioner on 02.07.2025 and 26.03.2026, requesting transfer to a place nearer to her husband’s place of work under the spouse category. 5. Instead of going into the merits of the case, this Court is of the opinion to dispose of the Writ Petition, directing the Respondent No.2 to pass appropriate orders, on the representations made by the petitioner on 02.07.2025 and 26.03.2026 in accordance with the G.O.Ms.No.23, Finance (H.R.I-PLG & POLICY) Department, dated 15.05.2025, within a period of four (4) weeks from the date of receipt of a copy of this order. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, interlocutory applications pending, if any, shall stand closed. __________________ JUSTICE V.SUJATHA Date: 06.05.2026 MS 5 VS,J W.P.No.10235 of 2026 HON’BLE SMT JUSTICE V. SUJATHA Writ Petition No: 10235 of 2026 Date: 06.05.2026 MS