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2026 DAILYLAW 4088 (AP)

Shaik Ghouse, v. THE STATE OF ANDHRA PRADESH

WP/15966/2026 · 2026-06-23

Nyapathy Vijay

body2026

Judgment text

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Date of reserved for orders : --- Date of pronouncement : 24.06.2026 Date of uploading : APHC010305412026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY, THE 24th DAY OF JUNE 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 15966/2026 Between: 1. SHAIK GHOUSE,, S/O. LATE SHAIK MOHIDDIN (AGED ABOUT 36 YEARS, OCC JUNIOR ASSISTANT, RESIDENT OF DOOR NO.36/634-13-2, UPSTAIRS, ASHOK NAGAR, CHINNA CHOWK, KADAPA, YSR KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, ENERGY DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH. 522237 2. SOUTHERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LIMITED APSPDCL, REP.BY.ITS CHAIRMAN AND MANAGING DIRECTOR (CMD), CORPORATE OFFICE, KESINENI BHAVAN, SRINIVASA NAGAR, TIRUPATI -517501. 3. THE CHAIRMAN AND MANAGING DIRECTOR CMD, SOUTHERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LIMITED (APSPDCL), CORPORATE OFFICE, KESINENI BHAVAN, SRINIVASA NAGAR, TIRUPATI - 517501. 2 4. THE CHIEF GENERAL MANAGER HRD, SOUTHERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LIMITED (APSPDCL), CORPORATE OFFICE, KESINENI BHAVAN, SRINIVASA NAGAR, TIRUPATI -517501. 5. THE SUPERINTENDING ENGINEER, OPERATION CIRCLE, APSPDCL, TIRUPATI, TIRUPATI DISTRICT, ANDHRA PRADESH. 517501 6. THE SUPERINTENDING ENGINEER, OPERATION CIRCLE, APSPDCL, KADAPA, YSR KADAPA DISTRICT, ANDHRA PRADESH. 517501 7. THE EXECUTIVE ENGINEER, OPERATION DIVISION, APSPDCL, KADAPA, YSR KADAPA DISTRICT, ANDHRA PRADESH 517501 ...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 tomay be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the respondents in issuing the re- posting proceedings vide Memo No.SE/O/TPT/EE- T/PO/ADM/JAO.I/S2/F.Bifur./D.No.640/26, dated 31.05.2026, insofar as the petitioner at Serial No.22 is concerned, transferring/re-posting the (petitioner from Kadapa Circle to Tirupati Circle, without considering the petitioners earlier mutual transfer to Kadapa Circle, the consequent relinquishment (forgo) of his seniority in Tirupati Circle, his option exercised for allotment to Kadapa Circle, the representations submitted dated 25.05.2026, the availability of vacancies in Kadapa Circle, and the attendant service and humanitarian circumstances, as arbitrary, illegal, unreasonable, discriminatory, vitiated by non-application of mind, contrary to the applicable service regulations and transfer guidelines, and violative of Articles 14, 16 and 21 of the Constitution of India and consequently, to set aside the said proceedings dated 31.05.2026 insofar as the petitioner concerned, and direct the respondents to continue the petitioner as junior Assistant in Kadapa Circle at the a existing place of working as junior Assistant/DO/Kadapa (KDP) AND/OR pass such IA NO: 1 OF 2026 3 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 suspend the operation and implementation of the impugned re-posting proceedings vide Memo No.SE/O/TPT/EE-T/PO/ADM/JAO.I/S2/F.Bifur./D.No.640/26, dated 31.05.2026, insofar as the petitioner at Serial No.22 is concerned, and consequently direct the respondents to permit the petitioner to continue to discharge his duties as Junior Assistant in the Office of the Executive Engineer, Operation Division, APSPDCL, Kadapa, without giving effect to the impugned re-posting order, pending disposal of the Writ Petition; AND/OR to pass such Counsel for the Petitioner: 1. DHEERA KANISHKA Counsel for the Respondent(S): 1. VENKATA RAMA RAO KOTA SC FOR APSPDCL 2. GP FOR ENERGY The Court made the following: 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.15966 of 2026 ORDER: 1. The present Writ Petition is filed questioning the action of Respondents in issuing proceedings vide Memo.No.SE/O/TPT/EE- T/PO/ADM/JAO.I/S2/F.Bifur./D.No.640/26, dated 31.05.2026, as illegal and arbitrary. 2. Consequent to the demise of his father late Sri Shaik Mohiddin, who served as Line Inspector in Andhra Pradesh Central Power Distribution Corporation Limited (APSPDCL), the Petitioner was appointed as Junior Assistant on 09.01.2023 in Tirupathi Circle on compassionate grounds and was posted to work at electricity revenue office situated at Piler. Later, on account of administrative reasons, the Petitioner was deputed to work in Kadapa circle and was posted at Electricity Revenue Office, Kadapa. 3. It was submitted that, since his initial appointment, the Petitioner had been discharging his duties in Kadapa circle and had sought for transfer to Kadapa circle, agreeing to forgo his seniority in Tirupati circle. Taking note of his request, the Respondents transferred the 5 Petitioner from Tirupathi circle to Kadapa circle on mutual transfer basis vide Memo No.CMD/CGM/HRD/GM/HR-I/DGM(ADM&P) /PO(ADM)/Asst/D.No.494/24, dated 19.09.2024 by placing him at the bottom of seniority list in Kadapa circle. While so, on account of formation of new circles, the Respondent-Corporation allotted its employees to different circles taking note of the options exercised to the extent possible. The Petitioner being a junior most in Kadapa circle was again allotted to Tirupathi circle vide impugned proceedings. 4. The grievance of the Petitioner now is that he was transferred to Kadapa circle from Tirupathi circle on mutual transfer basis and, transferring the Petitioner to Tirupathi circle inspite of available vacancies in Kadapa circle is not warranted. Hence, the Writ Petition is filed. It was further submitted in the alternative that the original seniority of the Petitioner in Tirupathi circle be restored. 5. Learned Standing Counsel appearing for Respondent Nos.2 to 7 submitted that junior most employees in the cadre of Junior Assistant were allotted to Tirupathi circle and the persons who were placed senior to the Petitioner in Kadapa circle in the cadre of Junior Assistant were also allotted to Tirupathi circle. It was further submitted that the Respondents have considered the options exercised by the employees 6 to the extent possible and in order to manage the man power in various circles, the decision was taken and interference is not warranted to it. 6. Heard the counsels. 7. As the Petitioner was allotted to Kadapa circle on request and after foregoing his seniority in Tirupathi circle, it would be appropriate for the Respondents to examine the feasibility for retention of Petitioner at Kadapa circle in available vacancies. In the alternative, as the impugned proceedings nullify the seniority foregone by the Petitioner on mutual transfer to Kadapa circle, the Respondents ought to restore the original seniority in Tirupathi circle. Therefore, this Writ Petition is disposed of, with the following directions:- (i). The Respondent-Authorities are directed to consider the feasibility of retention of the Petitioner in Kadapa circle. (ii) In the alternative scenario, the Respondents shall restore seniority to the Petitioner in the cadre of Junior Assistant in Tirupathi circle from the date of his initial appointment in the said post. (iii). No order as to costs. 7 As a sequel, miscellaneous petitions, pending if any, shall standclosed. ________________________ JUSTICE NYAPATHY VIJAY Date: 24.06.2026 CM✓/PS/APS – chs Whether the order is: Speaking ✔ Reasoned Reportable Non-reportable ✔ 8 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 223 WRIT PETITION No.15966 of 2026 Dated:24.06.2026 chs