T. SUDARSHAN REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

(2.) The case of the petitioner, in brief, is that he is working as Village Revenue Officer with effect from 10/12/2010. The Government of Andhra Pradesh issued G.O.Ms.No.45 Finance (HR-I-Plg and Policy) Department, dtd. 24/6/2019 lifting the ban on transfers from 25/6/2019 to 5/7/2019, which was extended up to 10/7/2019 vide G.O.Ms.No.59, dtd. 4/7/2019. Consequent upon relaxation of ban on transfers, the petitioner, along with one A. Lakshmi Kanth Reddy, who was working as Village Revenue Officer, Cluster III, Kurnool Town, had applied for transfer on mutual basis, which is permissible under the transfer guidelines. Considering the said application, the 3rd respondent issued proceedings in Rc.No.A4/752/2019, dtd. 10/7/2019 transferring and posting certain Village Revenue Officers on Administrative grounds, wherein the petitioner was shown at S.No.71 transferring him from Kurnool Town II, Cluster, Kurnool to Kurnool Town III Cluster, Kurnool. Accordingly, the petitioner reported to duty on 12/7/2019. The further case of the petitioner is that his wife Smt. D. Rajeswaramma, was working as Post Graduate Teacher in Zoology, A.P. Model School, Jupali Bungalow, Kurnool and his case is squarely covered under spouse case as envisaged in transfer guidelines. Strangely, the 3rd respondent issue proceedings in Rc.No.A4/752/2019, dtd. 10/7/2019, partially modifying the earlier orders of transfer, which was communicated through Whatsapp on 20/7/2019 after the petitioner joined in Kurnool Town III Cluster Kurnool in pursuance of initial transfer orders dtd. 10/7/2017. The grievance of the petitioner is that the 3rd respondent issued the impugned order partially modifying the earlier transfers to accommodate the 4th respondent who was appointed under compassionate grounds which is nothing but arbitrary, unjust and contrary to guidelines issued in G.O.Ms.No.45, dtd. 24/6/2019.

(3.) The 3rd respondent filed his counter denying the averments made in the writ petition and contended that the G.O.Ms.No.45 Fin (HRI.Plg and Policy) Department, dtd. 24/6/2019 was issued relaxing ban on transfer of employees up to 5/7/2019 and as per Para 3 (i), (ii) and (iii) of the said G.O., the principles for transfers and postings are that the transfer of employees shall be effected "on request" and on administrative grounds; employees who completed five years at a station shall be invariably transferred; and service in all cadres at a station shall be counted while calculating the period of stay. Station means place (City, Town, Village) of actual working for the purpose of transfers and not office or institution. Subsequently, the relaxation of ban on transfer of employees was extended up to 10/7/2019 vide G.O.Ms.No.59 Fin (HRI-Plg. and Policy) Department, dtd. 4/7/2019.