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2026 DAILYLAW 8177 (AP)

J Nagaratnamma v. The State of Andhra Pradesh

WP/22466/2026 · 2026-08-09

Nyapathy Vijay

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010389302026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY, THE 10th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 22466/2026 Between: 1. J NAGARATNAMMA, W/O VEERANJANEYULU AGED 40 YEARS OCC. CRT (PS) O/O KGBV YADIKI, ANANTAPUR ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY SCHOOL EDUCATION DEPARTMENT SECRETARIAT VELAGAPUDI AMARAVATHI GUNTUR DISTRICT 522238 2. THE STATE PROJECT DIRECTOR, SAMAGRA SHIKSHA KBC BOYS HIGH SCHOOL PREMISES OPP RYTHU BAZAR PATAMATA VIJAYAWADA ANDHRA PRADESH 520001 3. THE COMMISSIONER OF SCHOOL EDUCATION, SCHOOL EDUCATION DEPARTMENT VIJAYAWADA AMARAVATHI ANDHRA PRADESH 522503 4. THE KASTURIBA GANDHI BALIKA VIDYALAYA SOCIETY, REP BY ITS SECRETARY SAMAGRA SHIKSHA, ZP HIGH SCHOOL BUILDING PATAMATA VIJAYAWADA ANDHRA PRADESH 520001 5. THE DISTRICT COLLECTOR AND CHAIRMAN, SAMAGRA SHIKSHA ANANTAPUR ANANTAPUR DISTRICT 515001 6. THE ADDITIONAL PROJECT CO ORDINATOR, SAMAGRA SHIKSHA ANANTAPUR ANANTAPUR DISTRICT 515001 ...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 toto issue an order, writ or direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in transferring the petitioner from KGBV, Atmakur to KGBV, Yadiki on the alleged ground of unauthorized absence without considering that such absence was due to the unfortunate demise of the petitioner's second child, in ignoring the representation of the state elective representative dated 27.12.2025 requesting cancellation of the transfer, in failing to honour their assurance to accommodate the Petitioner at KGBV, Atmakur during the subsequent contract renewal, and in accommodating another person from KGBV, Kambadur at KGBV, Atmakur by overlooking the petitioners legitimate claim as illegal arbitrary unjust and violative of Art 14, 19(1)(g) and 21 of the Constitution of India and consequently direct the respondents to accommodate/post the Petitioner as Contract Residential Teacher (Physical Science) at KGBV, Atmakur, by setting aside the impugned transfer order vide Rc.No.408/A3/APSS/2025 dated 03.12.2025 issued by 6th respondent with continuity of service and all consequential benefits 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 to suspend the operation of the impugned transfer order vide Rc.No.408/A3/APSS/2025 dated 03.12.2025 4 issued by 6th respondent transferring the Petitioner from KGBV, Atmakur to KGBV, Yadiki, and consequently direct the respondents to permit the petitioner to work as Contract Residential Teacher (Physical Science) at KGBV, Atmakur, Ananthapuramu District pending disposal of the above writ petition in the interest of justice Counsel for the Petitioner: 1. PAMARTHY RATHNAKAR Counsel for the Respondent(S): 1. RAGHU BABU KALAMATA SC For Samagra Siksha 2. GP FOR SERVICES III The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 22466/2024 ORDER The present writ petition is filed questioning the action of Respondents in transferring the Petitioner from Kasturiba Gandhi Balika Vidyalaya (KGBV), Atmakur to KGBV, Yadiki vide Rc.No.408/A3/APSS/2025, dated 03.12.2025 on the ground that the Petitioner was irregular in attending her duties. 2. The Petitioner is working as a Contract Residential Teacher (Physical Science) in KGBV, Atmakur. The Petitioner could not attend her regular duties for a considerable period of time on account of the ill health of the Petitioner’s second son, which ultimately led to his unfortunate demise. Due to the said circumstances, the Petitioner could not attend her duties regularly at KGBV, Atmakur. On account of her irregular attendance, the Petitioner was transferred vide impugned proceedings. 3. Learned Standing Counsel for the Respondents would submit that the Petitioner cannot seek posting at a specific place and that she is bound to work at the place where she is posted. 4. Heard Sri Pamarthy Ratnakar, learned counsel for the Petitioner and learned Government Pleader for Services-II. 4 5. Considering the submissions, the Writ Petition is disposed of with the following directions:- (i) The Petitioner shall submit a representation to the Respondents for posting at appropriate place. On receipt of the same, the Respondents shall examine her representation and communicate their decision to the Petitioner within a period of two (02) months thereof. 6. No order as to costs. 7. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 10.08.2026 SSA 5 92 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 22466/2026 Date: 10.08.2026 SSA