Dismissed

P Swarna Kumari v. The State of Andhra Pradesh

Andhra Pradesh HC21 Nov 2024WP/26893/2024

Case brief

AI extract

What is this about?

The petitioner, a Senior Assistant, challenged the rejection of her application to transfer from Nandyal to Kurnool District. The Court found that the application was rejected due to the lack of a mutual transfer request from Nandyal and resource constraints. Consequently, the writ petition was dismissed.</summary>

What did the court decide?

The writ petition was dismissed with no order as to costs; pending miscellaneous petitions were closed.

P Swarna Kumari Vs The State of Andhra Pradesh — Service and Employment | Andhra Pradesh HC (2024)

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APHC010497632024

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction) [3331]

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FRIDAY ,THE TWENTY SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION NO: 26893/2024

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Between:

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P SWARNA KUMARI, , W/O. LATE A. JOSHUVA FEDRICK, AGED ABOUT 51 YEARS, OCC SENIOR ASSISTANT, R/O. H. NO.80/76-143. ADITYA NAGAR, KRISHNA NAGAR, KURNOOL TOWN AND DISTRICT.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

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THE DISTRICT COLLECTOR, REVENUE AT COLLECTORATE OFFICE, NANDYAL, NANDYAL DISTRICT.

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THE DISTRICT COLLECTOR, REVENUE AT COLLECTORATE OFFICE, KURNOOL, KURNOOL DISTRICT.

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...RESPONDENT(S):

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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 to issue a Writ, or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents, more particularly respondent No. 2 and 3 in not considering the petitioners application dated 09.09.2024 for repatriation of petitioners services from Nandyal to Kurnool as

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per the guidelines mentioned G.O.Ms. No. 116, Finance (HR.I-PLG and POLICY) Department is illegal, arbitrary and against the principles of natural justice and consequently direct the respondents to take appropriate steps in repatriate the services of the petitioner from Nandyal to Kurnool by duly considering the petitioners application dated 09.09.2024 and to pass such pass such

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IA NO: 1 OF 2024

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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 may be pleased to direct the respondents to take necessary steps for repatriation of petitioner’s services from Nandyal District to Kurnool District as Senior Assistant by duly considering the petitioner application dated 09.09.2024 in view of the G.O.Ms. No. 116, Finance (HR.I-PLG & POLICY) Department, pending disposal of the Writ petition before this Hon’ble court, and pass such

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Counsel for the Petitioner:

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1.G M SWAMULU

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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The Court made the following ORDER:

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Heard Sri G.M.Swamulu, learned counsel for the petitioner and Sri S.Raju, learned Assistant Government Pleader for Services for respondents 1 to 3.

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The petitioner, Senior Assistant in the office of the Child Development Project Officer (CDPO), ICDS Project, Prathikonda, filed the above writ petition complaining about non-consideration of the petitioner’s application dated 09.09.2024 to transfer her from Nandyal to Kurnool as illegal and arbitrary.

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Learned counsel for the petitioner would submit that the petitioner was appointed on compassionate grounds vide Proceedings Rc.A7.1209/2018, dated 28.06.2018 as Junior Assistant at Collector’s office, Kunrool District. After the bifurcation of the Districts, the petitioner has been discharging her duties in the office of the Collector, Nandyal as Senior Assistant. The petitioner made representations dated 04.06.2024 and 09.09.2024 requesting to retransfer her to Kurnool on medical grounds. Complaining about the inaction on the part of the respondents in considering her representations, the above writ petition was filed.

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At the hearing, the learned Assistant Government Pleader for Services submitted instructions of the Collector and District Magistrate, Nandyal. The relevant portion of the instructions is extracted herewith.

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“During the discussion of the meeting a decision has been taken by both the Collectors not to entertain any requests except the mutual requests. In Nandyal District s there is constraint of Sr.Assts/MRI, the decision has been taken by the District Collectors. Moreover the employee has not submitted any proof of serious surgery undergone as to be taken up under the preference 4(5) of the categories given. In the above meeting, the application of Smt.P.Swarna Kumari and 9 others for transfer from Nandyal District to Kurnool District in the cadre of Senior Assistants cadre are rejected since there is no request from Kurnool District for transfer to Nandyal District.

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As per the G.O.Ms.No.75, dated 17.08.2024 and guidelines issued by the Chief Commissioner of Land Administration, A.P., for Transfers and Posting within the Districts in the cadre of Deputy Tahsildars, Senior Assistants and Junior Assistants are taken up by the Joint Collector and Additional District Magistrate, Nandyal and Smt.P.Swarna Kumari, Senior Assistant, Collector’s Office, Nandyal was not transferred to Kurnool District from Nandyal District on Administrative convenience.”

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The Government issued G.O.Ms.No.75 Finance (HR.I Plg.) Department, dated 17.08.2024 for transfers and postings of the employees.

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As seen from the instructions, the case of the petitioner and some others for transfer is rejected. Since the request of the petitioner was rejected by the authorities, and now the ban has come into force, this Court does not find any merits in the writ petition. Hence, the writ petition is liable to be dismissed.

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Accordingly, the Writ Petition is dismissed. There shall be no order as to costs.

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Miscellaneous petitions pending, if any, shall stand closed.

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_____________________ SUBBA REDDY SATTI, J

Date: 22.11.2024 KA

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THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION No.26893 OF 2024

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Date: 22.11.2024 KA

P Swarna Kumari v. The State of Andhra Pradesh

Case brief

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P Swarna Kumari v. The State of Andhra Pradesh

Case brief

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