Date of reserved for orders : -- Date of pronouncement : 10.07.2026 Date of uploading : 10.07.2026 APHC010306972026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY, THE 10th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 15952/2026 Between: 1. B. MADHUSUDAN, S/O. B. BALARAMUDU (LATE), AGED ABOUT 35 YEARS, OCC SENIOR ASSISTANT AT A.P. RESIDENTIAL SCHOOL FOR BOYS PATTIKONDA, KURNOOL DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION, SECRETARIAT, VELAGAPUDI GUNTUR DISTRICT, ANDHRA PRADESH. 2. ANDHRA PRADESH RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY APREIS, GOVERNMENT OF ANDHRA PRADESH, AMARAVATHI, GUNTUR DISTRICT, REP. BY ITS SECRETARY 3. THE COMMISSIONER OF SCHOOL EDUCATION GOVERNMENT OF ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT. ...RESPONDENT(S): 2 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 a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring (a) the proceedings Rc.No.ESE53-ESTT/73/2025-B4-Part(1)-1 dated 23.06.2025 issued by the 2nd Respondent transferring the petitioner from APRS (GB), Pattikonda, Kurnool District to O/o Secretary, APREIS, Amaravati at Mangalagiri, as illegal, arbitrary, discriminatory, violative of Articles 14 and 16 of the Constitution of India and contrary to G,O.Ms.No.23 dated 15.05.2025 (b) the proceedings of the 2nd Respondent bearing Rc.No.ESE53- ESTT/167/2025-ESST dated 26.01.2026 the imposing punishment of withholding two increments without cumulative effect as illegal, arbitrary and violative of the principles of natural justice (c) the proceedings Rc.No.ESE53-ESTT/167/2025-ESST dated 06.05.2026 rejecting the Petitioners request for posting at APRJC, Kodigenahalli or Pattikonda, as illegal, arbitrary and unsustainable, set aside the same and consequently direct the 2nd Respondent to consider and accommodate the Petitioner against any one of the available vacancies at APRJC, Kodigenahalli, Sri Sathya Sai District in view of the Lr.No.3246804/2026-Prog-Ill dated 07.05.2026 and pass such other orders. 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 direct the 2nd Respondent to consider and accommodate the Petitioner against any one of the available vacancies at APRJC, Kodigenahalli, Sri Sathya Sai District in view of the Lr.No.3246804/2026-Prog-Ill dated 07.05.2026 and pass such other orders. IA NO: 2 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 suspend the operation of proceedings of the 2nd Respondent bearing RC.No.ESE53-ESTT/167/2025-ESST dated 26.01.2026 and pass such other orders. 3 Counsel for the Petitioner: 1. AISHWARYA NAGULA Counsel for the Respondent(S): 1. VINOD KUMAR TARLADA SC For APREIS,BCW,SCW,TBW EIS,RAYALASEEMA,PRK,NLR, 2. GP FOR SERVICES III The Court made the following: Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 4 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.15952 of 2026 ORDER : 1. The present Writ Petition is filed questioning the Proceedings issued by Respondent No.2 vide Rc.No.ESE53-ESTT.73/2025-B4- Part(1)-1, dated 23.06.2025 transferring the Petitioner from APRS (GB), Pattikonda, Kurnool to office of the Secretary, APREIS, Amaravati at Mangalagiri, and to declare the same as illegal and arbitrary. 2. The facts in brief are as follows; The Petitioner is working as a Senior Assistant in A.P. Residential School for Boys, Pattikonda, Kurnool District. While so, the State Government had issued G.O.Ms.No.23, Finance (HR.I-Plg. & Policy) Department, dated 15.05.2025, relaxing the ban on transfers prescribing certain guidelines and the procedure for effecting transfers of Government employees. Pursuant to the said G.O., the Respondent-Society issued Proceedings vide Rc.No.ESE53-ESTT/ 68/ 2025-B4, dated 31.05.2025 inviting applications for transfers from the Principals and teaching staff. 5 3. Thereafter, vide Proceedings dated 03.06.2025, a detailed schedule for transfer counseling was notified and the counseling was conducted for Principals and teaching staff including Junior Lecturers, Post Graduate Teachers, Trained Graduate Teachers, Physical Education Teachers, Staff Nurses and other teaching categories. The transfer proceedings issued in respect of teaching staff clearly disclose that the transfers were effected based on counseling and options exercised by the concerned employees. 4. It is further submitted that Respondent No.1 vide Memo No.2869281/2025-PROG-III, dated 20.06.2025 accorded permission for transfers of teaching and non-teaching staff of Respondent No.2. The transfer counselling was completed on 05.06.2025 and 06.06.2025, whereas non-teaching staff were transferred directly on 23.06.2025 without calling for options and in the said process, several Senior Assistants working in APREIS-institutions throughout the State were transferred. Under the said proceedings, the Petitioner was transferred from APRS (GB), Pattikonda, Kurnool District to the office of the Secretary, APREIS, Amaravati at Mangalagiri, Guntur District on the administrative exigencies. 6 5. Questioning the orders of transfer, the Petitioner along with other similarly placed persons filed W.P.No.15580 of 2025 and the said case was withdrawn on the assurance given by the Respondent-authorities therein that the grievance of the affected employees would be considered sympathetically. However, contrary to the assurance given, the Respondents insisted the Petitioner to join at the office of the Secretary, APREIS, Amaravati at Mangalagiri even though his request for reconsideration of his posting is pending. 6. While the Petitioner pursuing his representations and awaiting decision from the competent authorities, the Respondent-authorities initiated disciplinary proceedings against the Petitioner on the premise that he had not joined at the transferred station, for which, the Petitioner submitted his explanation, however Respondent No.2 vide Memo dated 28.01.2026 issued proceedings withholding two increments of pay without cumulative effect. 7. In spite of the penalty, the Petitioner on account of his peculiar family scenario, where he is responsible for attending the needs of his minor children, his mother and wife, who is recovering from the medical issues, as there are vacancies in Kurnool District, filed the present Writ Petition for consideration of his posting in Kurnool District. 7 8. In the course of arguments, the learned counsel for Petitioner submits that the Petitioner is not pressing for the punishment imposed of withholding two increments of pay without cumulative effect on 28.01.2026 as referred supra and seeks for only posting in Kurnool District. The learned counsel for the Petitioner submits that the Petitioner would not insist for the salary for the period he has not worked. 9. The learned Standing Counsel appearing for the Respondent- Society would submit that the transfer is an incident of service and the Petitioner cannot insist for posting him to Kurnool District. He further submits that the persons who have been transferred vide Proceedings dated 23.06.2025 had joined in their respective places and are discharging their duties. 10. Heard the respective counsels. 11. It appears that the family of the Petitioner requires his ever attention and in that context, the Petitioner was unable to join his duties at the office of the Secretary, APREIS, Amaravati at Mangalagiri. It is true that transfer is an incidence of services, but there will be cases, where an individual’s peculiar family scenario would demand his presence all through. This appears to be one such case. In that context, the Respondents are obligated to 8 examine the family scenario of the Petitioner and take compassionate view of the issue. 12. Therefore, the Writ Petition is disposed of, with the following directions; i) The Respondents shall examine the request of the Petitioner for posting in Kurnool District, as expeditiously, as possible in the light of the availability of vacancies within a period of four (4) weeks from the date of receipt of a copy of this order; ii) No order as to costs. As a sequel, the miscellaneous petitions if any shall stand closed. __________________ NYAPATHY VIJAY, J Date: 10.07.2026 IS 9 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.15952 of 2026 Date: 10.07.2026 IS