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2022 DIGILAW 874 (AP)

A. R. Rajeswari v. State of A. P.

2022-09-13

K.MANMADHA RAO

body2022
JUDGMENT Dr. K. Manmadha Rao, J. - This petition is filed under Article 226 of the Constitution of India for the following relief:- '...to issue a writ order or direction more particularly one in the nature of Writ of Mandamus in declaring the action of the 2nd respondent in transferring the petitioner vide proceedings Rc. No. B2/52/2022-3 dated 30.06.2022 from Government SW Girls Hostel No. 2 Ananthapuramu to Government SW College Girls Hostel, Uravakonda as Hostel Welfare Officer, as illegal, arbitrary violative of Principles of Natural Justice without any reasons in violation of the guidelines of transfer and posting issued vide G.O. Ms. No. 116 Finance (HR.I-PLG & POLICY) Department, dated 07.06.2022, GO.Ms. No. 122 Finance (HR.I PLG and POLICY) Department, dated 16.06.2022 and circular memo dated 15.06.2022 and 27.09.2014 and set aside the transfer orders issued by the 2nd respondent vide proceedings Rc. No. B2/52/2022-3, dated 30.06.2022 with a consequential direction to continue the petitioner as Hostel Welfare Officer at Government SW Girls Hostel No. 2, Ananthapuramu and pass such other order or orders.......' 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, dated 17.02.1986 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, dated 30.06.2022 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. & Policy) Department, dated 16.06.2022 has met on 29.06.2022 in order to transfer the eligible Hostel Welfare Officers by obeying the orders issued vide G.O. Ms. No. 116 Finance (Hr.I Plg. & Policy) Department, dated 7.6.2022 and G.O. Ms. No. 117 Finance (HR.I-Plg & Policy) Department, dated 07.06.2022. No. 122 Finance (Hr.I-Plg. & Policy) Department, dated 16.06.2022 has met on 29.06.2022 in order to transfer the eligible Hostel Welfare Officers by obeying the orders issued vide G.O. Ms. No. 116 Finance (Hr.I Plg. & Policy) Department, dated 7.6.2022 and G.O. Ms. No. 117 Finance (HR.I-Plg & Policy) Department, dated 07.06.2022. 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 dated 30.06.2022 and she did not join duty on the AN of 01.07.2022 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, dated 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 dated 30.06.2022 issued by the 2nd respondent and the said K. Anitha was not made a party to the present writ petition. 4. Heard Mr. Sateesh Kumar Eerla, learned counsel appearing for the petitioner and learned Government Pleader for Social Welfare, Ms. Y.N. Lalitha, learned Standing Counsel for ZPP and learned Government Pleader for Village & Ward Secretariats appearing for the respondents. 5. 4. Heard Mr. Sateesh Kumar Eerla, learned counsel appearing for the petitioner and learned Government Pleader for Social Welfare, Ms. Y.N. Lalitha, learned Standing Counsel for ZPP and learned Government Pleader for Village & Ward Secretariats appearing for the respondents. 5. Learned counsel for the petitioner argued that the petitioner was elected as Joint Secretary of the A.P. Government Employees Association, Ananthapuramu for the first time in the month of May 2022 and the results were declared vide proceedings NoAPGEA/ATP city Unit Ele./18/2022 dated 08.05.2022 and her name is shown at S. No. 6. As per the guidelines issued in G.O. Ms. No. 116, dated 07.06.2022 at para-8, it has specified that the office bearers of recognized employee's association shall not be transferred and should adopt the circular Memo No. 245/SW/A1/2014-1, G.A. (SW) Department, dated 16.09.2014 and Circular Memo No. 17225/SW/A1/2014-1, GA (SW) Department, dated 27.09.2014. He further stated that as per the above two Memos issued by the Government, the office bearers of the recognized service association after recording reasons shall not be transferred until completion of 3 terms or 9 years of stay in a particular station and the same is again reiterated in G.O. Ms. No. 122, dated 16.06.2022 at para-4(c) and in Circular Memo dated 15.06.2022 at para-6. He further argued that the present impugned order of transfer is in total violation of these G.Os as 3 terms is not completed as an office bearer to the petitioner as she was elected as Joint Secretary for the 1st term in May 2022. He also argued that the District President of the A.P. Govt. Employees Association has requested to exempt the petitioner from transfer since she is elected as office bearer and 3 terms is not completed and her transfer would be violative of the transfer guidelines issued in terms of G.O. Ms. No. 116 dated 7.6.2022. 6. On the other hand, learned Government Pleader argued that while the petitioner was working as Hostel Welfare Officer, Govt. Social Welfare Girls Hostel No. 2, Ananthapuram, the Government has issued orders regarding lifting ban on transfers vide G.O. Ms. No. 116 Finance (Hr.I-Plg & Policy) Department, dated 7.6.2022 and in accordance with the same, the petitioner has been transferred to Uravakonda on administrative grounds. He further argued that as per the said G.O. Ms. Social Welfare Girls Hostel No. 2, Ananthapuram, the Government has issued orders regarding lifting ban on transfers vide G.O. Ms. No. 116 Finance (Hr.I-Plg & Policy) Department, dated 7.6.2022 and in accordance with the same, the petitioner has been transferred to Uravakonda on administrative grounds. He further argued that as per the said G.O. Ms. No. 116, it is specified at para No. 4 (ii), as 'Employee who completed 5 years at a station shall be invariably transferred' and in partial modification of these orders vide G.O. Ms. No. 117 Finance (HR.I-PLG & Policy) Department, dated 07.06.2022. He further submits that the District administration well aware about the skills related to duty performance, ability and capacity of personnel of the department and discerns that which position or place would be better for an employee to get more fruitful results. Hence the plea of the petitioner i.e., to retain in the same station cannot be considered on administrative reasons which are specified clearly in the minutes related to the transfers and posted the petitioner to SVV college Girls Hostel, Uravakonda. 7. The Hon'ble Supreme Court in a case of Ram Chander Versus The State of Chhattisgarh and another 2022 LiveLaw (SC) 401, wherein it was held that 'the requirement to give reasons is satisfied if the concerned authority has provided relevant reasons. Mechanical reasons are not considered adequate'. And in para-23, it was held that: 'Halsbury's Laws of India (Administrative Law) notes that the requirement to give reasons is satisfied if the concerned authority has provided relevant reasons. Mechanical reasons are not considered adequate. The following extract is useful for consideration: Adequacy of reasons : Sufficiency of reasons, in a particular case, depends on the facts of each case. It is not necessary for the authority to write out a judgment as a court of law does. However, at least, an outline of process of reasoning must be given. It may satisfy the requirement of giving reasons if relevant reasons have been given for the order, though the authority has not set out all the reasons or some of the reasons which had been argued before the court have not been expressly considered by the authority. A mere repetition of the statutory language in the order will not make the order a reasoned one. Mechanical and stereotype reasons are not regarded as adequate. A mere repetition of the statutory language in the order will not make the order a reasoned one. Mechanical and stereotype reasons are not regarded as adequate. A speaking order is one that speaks of the mind of the adjudicatory body which passed the order. A reason such as the entire examination of the year 1982 is cancelled' cannot be regarded as adequate because the statement does explain as to why the examination has been cancelled; it only lays down the punishment without stating the causes therefor.' 8. In another case reported in SN Mukherjee Vs Union of India AIR 1990 SC page 1984, wherein it was held that 'administrative authorities should also give reasons in their orders failing which it is illegal, arbitrary and violative of principles of natural justice and mechanical reasons are not considered adequate.' 9. On perusing the entire material available on record, this Court observed that the similarly placed employees i.e., Smt. Sridevi and Sri Madhusudhana Reddy working as HWOs in Ananthapuram District were also retained and it was also found by scrutinizing of records by directing the respondent No. 3 who have completed 9 years of service as HWO in Puttaparthi are not transferred and retained in their same places. This court further observed that the petitioner will be retiring on 31.01.2024 as her date of birth is 07.01.1962, thereafter, the transfer is affected at the verge of her retirement which is one and half year from now. 10. It is pertinent to mention here that, as per G.O. Ms. No. 116, transfer shall be made to the welfare of the employees and to promote work life balance to enable the employees and lead happy and contended live and also Government ensure to post every employee where he/she is most productive and contributes for improved governance and public service. 11. Having regard to the facts and circumstances of the case and upon perusing the entire material available on record, since the petitioner is going to be retired on 31.01.2024, this Court taking into consideration her health conditions as she is suffering from High BP, Arthritis and Diabetes and unable to travel the distance of transfer, in the interest of justice, deems fit to allow the writ petition by declaring the impugned transfer proceedings dated 30.06.2022, as illegal. 12. 12. Accordingly, the Writ Petition is allowed setting aside the impugned transfer proceedings issued by the 2nd respondent vide Rc. No. B2/52/2022-3, dated 30.06.2022. Further, the respondents are directed to continue the petitioner as Hostel Welfare Officer at Government SW Girls Hostel No. 2, Ananthapuramu. There shall be no order as to costs. As a sequel, interlocutory applications, if any pending, shall stand closed.