APHC010721792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] WEDNESDAY,THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 690/2026 Between: 1. C HAZARATHAIAH, S/O GURIAH AGED 51 YEARS OCC. SGT (SUSPENDED) O/O MPPS KODURU, TP GUDUR NELLORE ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRIC- 522238 2. THE COMMISSIONER OF SCHOOL EDUCATION, VENKATADRI TOWERS, ATMAKUR (M) MANGALAGIRI, AMARAVATI GUNTUR - 522 503 3. THE REGIONAL JOINT DIRECTOR, SCHOOL EDUCATION DEPARTMENT, GUNTUR - 522 001 4. THE DISTRICT COLLECTOR, NELLORE, SPSR NELLORE - 524 001 5. THE DISTRICT EDUCATIONAL OFFICER, NELLORE, SPSR NELLORE - 524 001 ...RESPONDENT(S): The Court made the following ORDER: 1. This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue an order, writ or direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents more particularly 5th respondent in issuing proceedings Rc.No.4521/B3/2025 dated H22.12.2025, reinstating the Petitioner into service by transferring him to MPUP School, Bheemulavaripalem, Tada Mandal, subject to disciplinary proceedings, without the prior approval of the District Collector as illegal, arbitrary, without jurisdiction and violative of Rule 18(6) of Andhra Pradesh Act No. 9 of 2025, Articles 14 and 21 of the Constitution of India, and contrary to the observations and directions of this Hon'ble Court in W.P. No. 30306 of 2025 dated 08.12.2025 and consequently set aside the said impugned proceedings Rc.No.4521/B3/2025 dated 22.12.2025, insofar as it relates to the transfer of the Petitioner without the prior approval of the District Collector (i) direct the respondents to restore the Petitioner to his original place of posting with continuity of service, full pay and allowances, and all attendant and consequential benefits (ii) direct the respondents to forthwith revoke the suspension of the Petitioner, in view of the issuance of the Charge- Memorandum, the absence of any possibility of tampering with evidence, and the findings already recorded by this Hon'ble Court in W.P. No. 30306 of 2025 dated 08.12.2025…” 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 3. The case of the petitioner is that he is presently working as a Secondary Grade Teacher at MPPS Koduru and is also serving as the General Secretary of a Teachers’ Federation in Nellore District. In his representative capacity, he raised the grievances of teachers regarding non-relieving of certain teachers during the transfer counselling held in June and July and conducted a peaceful Deeksha after informing the authorities. However, the 2nd respondent issued a suspension order dated 22.10.2025 and subsequently an Article of Charge dated 25.10.2025 alleging misconduct. It is further submitted that that the suspension and disciplinary proceedings are arbitrary and violative of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991 and the Andhra Pradesh Civil Services (Conduct) Rules, 1964, as his participation in peaceful union activities is constitutionally protected. Aggrieved thereby, he approached this court by way of W.P.No.30306 of 2025, pursuant to which he was reinstated through proceedings dated 22.12.2025 by transferring him to MPUP School, Bheemulavaripalem subject to disciplinary proceedings. The petitioner contends that the said reinstatement-cum-transfer order is illegal and contrary to the provisions of the Andhra Pradesh State Teachers Transfers Regulation Act, 2025, particularly Rule 18(6). Hence the writ petition. 4. On the other hand, the learned Government Pleader appearing for the respondents submits that the petitioner has already attended duties by joining at the transferred place in pursuance of the impugned proceedings dated 22.12.2025. It is further submitted that the petitioner is not cooperating with the ongoing disciplinary proceedings initiated against him. 5. Considering the submissions made by the learned counsel appearing on either side, this Court is not inclined to go into the merits of the case. It is noticed that the petitioner has already joined duties pursuant to the impugned proceedings dated 22.12.2025 and is presently working at M.P.P. School, Koduru, T.P. Gudur Mandal, SPSR Nellore District. In view of the same, the writ petition is disposed of with a direction to the respondents to consider the request made by the petitioner in his representation dated 11.03.2026 for providing any alternative posting nearer to the present place of work on humanitarian grounds and pass appropriate orders thereon in accordance with law within a reasonable time. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ________________________ JUSTICE D RAMESH 01.04.2026 klk 144 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 690/2026 01.04.2026 klk