V YANADI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The above writ petition is filed impugning the proceedings impugning the proceedings issued by the 2nd respondent vide CCST'S Ref.No.DXZ(1)/618/2024 dtd. 20/9/2024 (Ex.P1), transferring the petitioner, Deputy Assistant Commissioner (ST) from the office of Assistant Commissioner (ST), Nellore-III Circle, Nellore Division to the office of Assistant Commissioner (ST), Narasaraopeta Circle, Guntur-II Division, as illegal, arbitrary and contrary to G.O.Ms.No.75 Finance (HR.I-PLG. & POLICY) Department, dtd. 17/8/2024 & G.O.Ms.No.170 Revenue (Commercial Taxes) Department dtd. 22/8/2024.

(2.) a) In the affidavit, it was pleaded that the petitioner was initially appointed as Assistant Commercial Tax Officer on 30/10/2009 and later promoted as Deputy Assistant Commissioner(ST) on 2/9/2022 and posted to the office of Assistant Commissioner (ST), Nellore-III Circle, Nellore Division. The petitioner submitted a joining report on 5/9/2022. The petitioner was elected as a Secretary of A.P. Commercial Tax Services Association, Vijayawada on 15/3/2022. The petitioner has completed 1 year and 10 months at Nellore-III Circle. The General Administration Department has issued Circular Memo No.GAD01- SW0SERA/13/2024-SW, dtd. 22/8/2024. In pursuance of the said circular, A.P. Commercial Tax Services Association forwarded the information regarding office bearers and details of the state office bearers.

(3.) A counter affidavit was filed on behalf of 2nd respondent. it was contended, interalia, that the petitioner completed 5 years of service in different cadres in Nellore Town. The petitioner's candidature is squarely covered as per guidelines. The list of bearers was not furnished to the Head of Department through the General Administration Department. The service associations submitted a list of office bearers to the Secretary to the Government, Services & HRM Department, Velagapudi. The said list was not forwarded to the HODs and eventually prayed to dismiss the writ petition.