1 APHC010254742026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY, THE 12th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 13393/2026 Between: C.Hazarathaiah ...PETITIONER AND The District Educational Officer and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. G SEENA KUMAR Counsel for the Respondent(S): 1. GP FOR SERVICES III The Court made the following: 2 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No. 13393 of 2026 ORDER: 1. The Writ Petition is filed questioning the Proceedings in Rc.No.4521/(B3)B2/2025, dated 18.04.2026, issued by Respondent No. 1, posting the Petitioner to M.P.P. School, Mamidipudi Village, Muthukur Mandal, SPSR Nellore District, by modifying the Orders issued in Rc.No.4521/B3/2025, dated 22.12.2025, as a measure of punishment and by rejecting the representation of the Petitioner dated 10.03.2026 for posting him to M.P.P.S. Koduru, T.P. Gudur (M), SPSR Nellore District, as illegal and arbitrary. 2. The Petitioner, while working as a Secondary Grade Teacher (SGT) at M.P.P. School, Koduru, T.P. Gudur Mandal, SPSR Nellore District, and in the capacity of General Secretary of a recognized Teachers’ Federation in Nellore District, went on ‘Deeksha’ on 14.10.2025 questioning the illegality in teacher transfers. On account of the same, the Petitioner was suspended from service vide Proceedings dated 22.10.2025 and Articles of Charge were also issued to the Petitioner on 25.10.2025. 3. Questioning the orders of suspension and the issuance of the Articles of Charge, the Petitioner filed W.P. No. 30306 of 2025 before this Court, and the said Writ Petition was disposed of directing the Respondents therein to examine the requirement of continuing the Petitioner under suspension within a period of two weeks, in default of which, the suspension order would stand revoked. 4. Consequent thereto, the suspension of the Petitioner was revoked vide Proceedings dated 22.12.2025, and he was posted to M.P.P. School, Bheemulavaripalem, Tada Mandal. Thereafter, the Petitioner submitted a representation on 10.03.2026 to modify the posting of the Petitioner at M.P.P. 3 School, Bheemulavaripalem, Tada Mandal, to attend to his daughter, who is suffering from ill-health. 5. As the representation of the Petitioner was not being considered, the Petitioner filed W.P. No. 609 of 2026 before this Court. This Court, vide Order dated 01.04.2026, directed the Respondents therein to consider the request made by the Petitioner in his representation dated 11.03.2026 for providing an alternative posting nearer to his present place of work on humanitarian grounds. Pursuant to the Orders passed in W.P. No. 609 of 2026, the present impugned Order was passed by the Respondent Authorities. As the present place of posting under the impugned Orders was still causing difficulty to the Petitioner to attend to his daughter, the present Writ Petition is filed. 6. In the Counter Affidavit filed by Respondent No.1, it is stated that taking note of the representation of the Petitioner dated 10.03.2026, the Petitioner was posted at MPPS Mamidipudi Village, Muthukur Mandal, SPSR Nellore District, on humanitarian grounds and out of turn, which is near his previous working place. It is also stated that MPPS Mamidipudi Village, Muthukur Mandal, SPSR Nellore District, is near the school where the Petitioner had worked previously and there would not be any difficulty for the Petitioner to attend to his daughter in the hospital located in Nellore. It is stated that the distance from MPPS Koduru to Nellore is 14 km, whereas the distance from MPPS Mamidipudi, Muthukur Mandal, to Nellore is 19 km, and therefore, the impugned Proceedings need not be interfered with. 7. Heard learned counsel. 8. The Petitioner was suspended on account of involvement in ‘Deeksha’ vide Proceedings dated 22.10.2025, and thereafter, the suspension imposed against the Petitioner was revoked pursuant to the Order passed in W.P. No. 30306 of 2025, dated 08.12.2025, and he was posted to M.P.P. School, 4 Bheemulavaripalem, Tada Mandal, pending finalization of Disciplinary Proceedings. The very posting of the Petitioner to M.P.P. School, Bheemulavaripalem, Tada Mandal, appears to be an act of punishment per se. Thereafter, the Petitioner submitted a representation dated 10.03.2026 seeking posting to any of the following places, i.e., (1) MPPS Kothakaluva of Nellore (R); (2) MPPS South Rajapalem of Nellore (R); (3) MPPS M.G. Colony of T.P. Gudur; and (4) MPPS Chinna Cherukur of T.P. Gudur. However, contrary to the preference exercised by the Petitioner, the Petitioner was posted at MPPS Mamidipudi, Muthukur Mandal, even though vacancies were available in the said posts. The Petitioner appears to be persecuted. 9. Therefore, the Writ Petition is disposed of with the following direction: i) The Respondents shall consider the case of the Petitioner for posting in any of the options exercised by the Petitioner vide representation dated 10.03.2026 within a period of three (03) weeks from the date of receipt of a copy of this Order. ii) There shall be no order as to costs. __________________ NYAPATHY VIJAY, J Date: 12.08.2026 eha 5 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.13393 of 2026 Date: 12.08.2026 eha U