A.R. RAJESWARI Vs. STATE OF A.P.

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India for the following relief:-

(2.) Brief facts of the case are that the petitioner is working as Hostel Welfare Officer, Government SW Girls Hostel No. 2, Annathapuramu District. She was appointed as Matron vide proceedings in Rc. No. S6/456/84, dtd. 17/2/1986 in Social Welfare Department and posted to Government SC Girls Hostel, Puttaparthy. She has passed requisite departmental tests and has been promoted as Hostel Welfare Officer (Grade-I) from the date of appointment performing her duties without any remarks and to the satisfaction of the department. While working so, the 2nd respondent issued the impugned proceedings vide Rc. No. B2/52/2022-3, dtd. 30/6/2022 transferred the petitioner and posted to SW Girls Hostel, Uravakonda. Thereafter the petitioner made representation to the 2nd respondent on 4/7/2022 requested to retain her at Ananthapuramu. But no action has been taken by the respondents. Hence, the present writ petition.

(3.) Counter affidavit is filed by the 2nd respondent denying all the allegations made in the petition and contended that the Committee which was constituted according to G.O. Ms. No. 122 Finance (Hr.I-Plg. and Policy) Department, dtd. 16/6/2022 has met on 29/6/2022 in order to transfer the eligible Hostel Welfare Officers by obeying the orders issued vide G.O. Ms. No. 116 Finance (Hr.I Plg. and Policy) Department, dtd. 7/6/2022 and G.O. Ms. No. 117 Finance (HR.I-Plg and Policy) Department, dtd. 7/6/2022. In the said meeting, it was decided that the petitioner should be transferred from SW Girls Hostel No. 2, Ananthapuramu to SW College Girls Hostel, Uravakonda duly recording its findings in the minutes of the meeting on administrative grounds. It is stated that the petitioner has failed to obey the orders issued by the 2nd respondent vide proceedings dtd. 30/6/2022 and she did not join duty on the AN of 1/7/2022 whereas all other 43 HWOs have already joined without any delay. Further the petitioner has approached the District Collector for retention to SWGH No. 2, Annathapuram on 4/7/2022. Since the petitioner failed to report for duties as HWO, SWCGH, Uravakonda before the Assistant Social Welfare Officer, Uravakonda a show cause notice was also issued stating that as to why the disciplinary action should not be initiated vide Rc. No. B2/52/2022, dtd. 7/7/2022. After lapse of 10 days from the issuance of show cause notice the petitioner took over the charge of the HWO, SWCGH, Uravakonda hostel on 18/7/2022 which shows the petitioner's disobedience towards the higher authorities. Further the petitioner representation has been considered and speaking orders were passed. It is further stated that one Smt. K. Anitha, while she was working as Hostel Welfare Officer, Dharmavaram, has opted some places and among them SW Girls Hostel No. 2, Annathapuram was considered. Accordingly the said K. Anitha has been transferred and posted to SW Girls Hostel No. 2, Annathapuram vide proceedings dtd. 30/6/2022 issued by the 2nd respondent and the said K. Anitha was not made a party to the present writ petition.