Date of reserved for orders : -- Date of pronouncement : 20.07.2026 Date of uploading : 20.07.2026 APHC010266332026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY, THE 20th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 13991/2026 Between: 1. K.Y. LAKSHMI,, D/O. K. ANAND, AGE 40 YEARS, OCC CDPO, R/O. D.NO. 2-701, HIGH SCHOOL KOTTALU, BUKKARAYA SAMUDRAM, ANANTAPURAMU DISTRICT- 515701. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, WOMEN DEVELOPMENT AND CHILD WELFARE DEPARTMENT (WD AND CW), A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DIRECTOR COMMISSIONER, WOMEN DEVELOPMENT AND CHILD WELFARE DEPARTMENT (WD AND CW) JAMPANI TOWERS, AMARAVATHI ROAD, GUNTUR - 522006 3. THE DISTRICT COLLECTOR, SRI SATYA SAI DISTRICT, PUTTAPARTHI, 2 4. THE PROJECT DIRECTOR, DISTRICT WOMEN AND CHILD WELFARE DEPARTMENT, PUTTAPARTHI, SRI SATYA SAI DISTRICT. ...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 to issue a Writ, Order or Direction more particularly in the nature of Writ of Mandamus, declaring the action of the 3rd respondent in issuing the impugned proceedings vide No. E.31177/2026 dated 03.05.2026 is illegal, arbitrary and contrary to ARCS rules (CC and A) 1991 and also offends Arts-14 and 16 of Constitution of India and violation of principal of natural justice and consequently this Hon’ble Court to set aside the impugned proceedings vide No.E.31177/ 2026 dated 03.05.2026 issued by the 3rd respondent 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 suspend the operation of the impugned proceedings vide No. E.31177/2026 dated 03.05.2026 issued by the 3rd respondent, consequently direct the respondents to reinstate the petitioner into service, and to 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 the order vide No. E.31177 dated 29.01.2026 passed by the 3rd respondent consequently direct the respondents to reinstate me into service as CDPO, ICDS Project, Dharmavaram and to pass such other orders. 3 Counsel for the Petitioner: 1. E ANJANA REDDY Counsel for the Respondent(S): 1. GP FOR SERVICES I 2. GP FOR SERVICES II 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.13991 of 2026 ORDER: 1. The present Writ Petition is filed questioning the action of Respondent No.3 in issuing the impugned proceedings vide No.E.31177/2026, dated 03.05.2026 and to declare the same as illegal and arbitrary. 2. The Petitioner is working as Child Development Project Officer (CDPO), ICDS Project, Dharmavaram, Sri Satya Sai District. As Respondent No.4 was constantly harassing the Petitioner, the Petitioner had given representations 16.12.2025, 03.02.2026 and 04.02.2026 making complaints against Respondent No.4 i.e., Project Director, District Women and Child Welfare Department regarding harassment being meted out to the Petitioner. 3. Taking note of the representations, Respondent No.2 issued a Memo vide WDC024/Comp/2026, dated 08.01.2026 directing the Regional Joint Director, Women Development & Child Welfare, Kurnool to conduct enquiry on Respondent No.4. In turn, the said Regional Joint Director issued Memo vide 41/C2/2026, dated 21.01.2026 to all CDPOs of Sri Satya Sai District proposing to conduct detailed enquiry into the allegations made by the Petitioner. Respondent No.4 was also instructed to inform the date of enquiry to all CDPOs on 29.01.2026. 5 4. At this stage, Respondent No.3 issued the impugned proceedings deputing the Petitioner as Additional Child Development Project Officer (ACDPO), ICDS Project, Somandepalli, Sri Satya Sai District. The enquiry against Respondent No.4 was postponed as per Memo No.41/C2/2026, dated 10.02.2026 and not given the next date of enquiry. The impugned deputation proceedings issued by Respondent No.3 is questioning in the present Writ Petition on the ground that Respondent No.3 does not have power to effect any transfers and placed reliance on the Circular Memo No.4093806/2026/Estt/A1, dated 26.03.2026. It is submitted that while the Petitioner was on leave, Respondent No.3 issued the impugned proceedings, dated 03.05.2026 by placing the Petitioner under suspension on the ground that she failed to report duty as ACDPO, Somandepalli, applied for Medical Leave and failed to handover the charge of CDPO, Dharmavaram to any officer before proceeding on leave, thereby causing disruption to administration. Hence, the present Writ Petition is filed. 5. Learned Assistant Government Pleader appearing for the Respondents submits that the impugned order of deputation is in consonance with the Circular Memo, dated 26.03.2026 issued by the Department for Women, Children, Differently Abled & Senior Citizens. As the Petitioner did not join Additional Child Development Project 6 Officer (ACDPO), ICDS Project, Somandepalli, the Petitioner was suspended from service. 6. Heard the respective counsels. 7. As mentioned above, the impugned order of deputation states that the Petitioner is temporarily deputed as Additional Child Development Project Officer (ACDPO), ICDS Project, Somandepalli, Sri Satya Sai District. Firstly, the deputation cannot be without consent of the Petitioner and there cannot be any compulsory deputation as held by the Hon’ble Supreme Court in Umapati Choudhary v. State of Bihar1. 8. Secondly, the State Government through the Department for Women, Children, and Differently Abled & Senior Citizens issued a Circular Memo, dated 26.03.2026, wherein it is stated that CDPOs belong to a Multi-Zonal Cadre under the administrative control of the Director, WD & CW Department. Therefore, the authority to effect transfers and postings of CDPOs vests with the competent authority at the State level only and the Directors were refrained from issuing any transfer or deputation orders of CDPOs. Paragraphs 6 and 7 of the Circular Memo are extracted below; 1 (1999) 4 SC 659 7 “6. Therefore, All the District Collectors & District Magistrates in the State of Andhra Pradesh directed to Refrain from issuing any transfer or deputation orders of CDPOs and all the Project Directors are requested to; a) Ensure that CDPOs function strictly as per orders issued by the competent authority b) Enforce strict compliance with non-sharing of CFMS/PFMS login credentials. 7. Therefore, all the District Collectors & District Magistrates in the State of Andhra Pradesh and Project Directors in the State of A.P., shall take necessary steps in the matter as per rules in force.” 9. In the light of the above, the Writ Petition is disposed of, with the following directions, with the consent of both the counsel. i) The impugned order vide No.E.31177/2026, dated 03.05.2026 issued by Respondent No.3 is hereby set-aside; ii) The Petitioner shall be reinstated into service and be continued as Child Development Project Officer (CDPO), ICDS Project, Dharmavaram, Sri Satya Sai District, as the impugned order of transfer was issued without any jurisdiction; iii) No order as to costs. 10. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 20.07.2026 IS 8 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.13991 of 2026 Date: 20.07.2026 IS