APHC010315022026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY, THE 24th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 16467/2026 Between: 1. SHAIK JAWEED SALEEM, S/O. SHAIK PAPA SAHIB, AGED ABOUT 52 YEARS, OCC RECORD ASSISTANT, FORMERLY WORKING AT APRJC (MB), KURNOOL, RIO. H.NO.87-1095-21 F- 39B, 4TH CLASS EMPLOYEES COLONY, GANESH NAGAR, KURNOOL -518002. ...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): 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 or order or direction more particularly T one in the nature of Writ of Mandamus, 2 declaring the action of the respondents particularly the 2nd Respondent in issuing proceedings Rc. No. ESE53-ESTT/73/2025-B4-Part(1 )-3 dated 23.06.2025 transferring the petitioner from APRJC (MB), Kurnool, Kurnool District to APRJC (GB), Kodigenahalli, Sri Sathya Sai District without considering the Petitioner's serious medical condition and the representations submitted by him, while, extending similar consideration to Sri B. Daniel, Senior Assistant vide proceedings Rc.No.ESE53- ESTT/11/2026-B4 dated 30.01.2026, as illegal, arbitrary, discriminatory, violative of Articles 14, 16 and 21 of the Constitution of India and contrary, and consequently set aside the same and suspend all coercive steps pursuant to proceedings Rc.No.ESE53-ESTT/73/2025-B4-Part(1)- 3 dated 23.06.2025, particularly Rc.No.ESE53-ESTT/90/2025-ESS1 dated 31.01.2026 imposing the punishment of withholding two increments without cumulative effect, and direct the 2nd Respondent to consider and accommodate the Petitioner in any available vacancy at Kurnool District or in any nearby 2nd Respondent, by extending the same benefit and consideration as accorded vide proceedings Rc.No.ESE53-ESTT/11/2026-B4 dated 30.01.2026, 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 pleased to direct the 2nd Respondent to consider and accommodate the petitioner in any available vacancy at Kurnool District or any nearby 2nd Respondent institution having specialized medical facilities by extending the benefit of proceedings Rc. No. ESE53-ESTT/1 1/2026-B4 dated 30.01.2026 and pass 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 pleased to suspend the operation of proceedings Rc.No.ESE53- ESTT/90/2025-ESS1 dated 31.01.2026 imposing the punishment of withholding two increments without cumulative effect and pass Counsel for the Petitioner: 1. AISHWARYA NAGULA 3 Counsel for the Respondent(S): 1. VINOD KUMAR TARLADA SC For APREIS,BCW,SCW,TBW EIS,RAYALASEEMA,PRK,NLR, 2. GP FOR SERVICES II The Court made the following: 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.16467 of 2026 ORDER: 1. The present Writ Petition is filed questioning the action of Respondent-Authorities in issuing proceedings in Rc.No.ESE53- ESTT/73/2025-B4-Part(1)-3, dated 23.06.2025 and transferring the Petitioner from APRJC (MB), Kurnool, Kurnool district to ADRJC (GB), Kodigenahalli, Sri Satya Sai district, as illegal and arbitrary. 2. The facts in brief are as follows:- The Petitioner is working as Record Assistant since considerable period of time. Pursuant to annual general transfer guidelines framed vide G.O.Ms.No.23, Finance (HR.I-Plg & Policy) Department, dated 15.05.2025, the Petitioner and similarly placed persons were transferred, without conducting any counseling or exercising any options vide impugned proceedings in Rc.No.ESE53-ESTT/73/2025- B4-Part(1)-3, dated 23.06.2025. Thereafter, the Petitioner submitted representation, dated 11.08.2025 to the Respondent-Authorities explaining his health condition, as he is suffering from chronic kidney disease (CKD-Dialysis) and enclosed medical certificates in support of the same. Subsequently, vide proceedings, dated 31.01.2026, the Petitioner was imposed a penalty of “withholding of two annual 5 increments without cumulative effect” on the ground that he failed to join at the transferred place of posting. Aggrieved by the same, the Petitioner filed the present Writ Petition. 3. Learned counsel for the Petitioner submitted that the Petitioner is not insisting on the penalty imposed against him, but only seeking for consideration of his case for continuance in Kurnool district or any other place nearby Kurnool, so as to enable the Petitioner to take appropriate medical treatment, considering his deteriorating health condition. Learned counsel further submitted that the Petitioner is not insisting for payment of arrears of salary from the date of his transfer till the date of his posting. 4. Sri T. Vinod Kumar, learned Standing Counsel for School Education submitted that, if the Petitioner submits a fresh representation enclosing relevant medical records, the same would be examined by the Respondent-Authorities and necessary instructions will be issued in that regard. He further submitted that the record assistants are few in number and transfers were made, taking into consideration the administrative requirement and it is not upon the Petitioner to question the same. 5. Heard the counsels. 6 6. The proceedings relating to the transfer cannot be faulted or interfered with, as transfer is an incident of service of an employee and the Petitioner cannot insist to continue at a particular place. However, as the Petitioner submitted that his health condition is deteriorating and he was suffering from chronic kidney disease (CKD-Dialysis), it could be appropriate for the Petitioner to submit a detailed representation to the Respondent-Authorities along with requisite medical record, to take further action regarding the place of work of the Petitioner. Therefore, this Writ Petition is disposed of, with the following directions:- (i) The Petitioner shall submit a detailed fresh representation along with medical records to the Respondent-Authorities, within a period of two weeks from the date of receipt of a copy of this order. (ii) Upon receipt of the same, the Respondent- Authorities are directed to examine the said representation given by the Petitioner and in the event, if the medical condition of the Petitioner is found to be grave, the Respondent-Authorities are further directed to positively consider the case of the Petitioner for posting in and around the Kurnool. 7 (iii). No order as to costs. 7. As a sequel, miscellaneous petitions, pending if any, shall standclosed. ________________________ JUSTICE NYAPATHY VIJAY Date: 24.07.2026 chs 8 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 89 WRIT PETITION No.16467 of 2026 Dated:24.07.2026 chs