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2025 DIGILAW 1187 (AP)

M. Sreenivasulu, Late M. Venkatarathnam v. T. Bala Siddaiah, S/o. T. Obaiah

2025-11-19

A.HARI HARANADHA SARMA, BATTU DEVANAND

body2025
Judgment : Battu Devanand, J. 1. This Writ Appeal has been preferred against the order of the learned Single Judge dated 29.10.2025 in W.P.No.16722 of 2025. 2. Heard Sri Shaik Shahedaz, learned counsel for the appellant and Sri Kasa Jaganmohan Reddy, learned counsel for the respondent No.1 and learned Government Pleader for Services-I for the respondent Nos.2 to 5. 3. Both the parties in the appeal will be referred to as they are arrayed in the writ petition for convenience. 4. The facts leading to the filing of present writ appeal are as herein under:- The writ petitioner joined in the Medical and Health Department in the year 1992 and rendered his continuous service of 33 years and is working at Kurnool Medical College since 30.03.2022. The State has issued G.O.Ms.No.23, Finance (HR.I.PLG & Policy) Department, dated 15.05.2025, prescribing guidelines for transfer of Government employees in all the Departments. G.O.Ms.No.344, dated 31.05.2025 was issued in slight modification to the transfer guidelines issued under G.O.Ms.No.23, dated 15.05.2025, to suit the needs of the Department. On medical grounds, the petitioner sought transfer to Tirupati, where his first daughter is working as Assistant Professor in SVIMS, Tirupati and his second daughter is studying 1 st year M.D., in SVRR, GGH, Tirupati. Though the application of the petitioner was initially recommended for transfer and the request of retention of respondent No.5 was rejected by Respondent No.2, the orders of transfers were not issued by Respondent No.2 and Respondent No.2 issued orders retaining the respondent No.5 at Tirupati and transfer orders were not issued in favour of the petitioner. Aggrieved by the same, the Writ Petition was filed. 5. Learned Single Judge after considering the facts and circumstances of the case and after having detailed consideration found that respondent No.5 had completed 14 years of continuous stay at Tirupathi and seeks further continuance on the basis of being elected as Treasurer of APNGOs Association, Tirupati Taluka from 24.12.2023. Learned Single Judge also observed that the retention of an employee beyond 9 years is not contemplated under the transfer policy and it is exactly this kind of misuse that the policy sought to curtail by inserting the 9 years of continuous stay at a particular station in the transfer policy as the maximum stay. 6. Learned Single Judge also observed that the retention of an employee beyond 9 years is not contemplated under the transfer policy and it is exactly this kind of misuse that the policy sought to curtail by inserting the 9 years of continuous stay at a particular station in the transfer policy as the maximum stay. 6. Admittedly, as per the submissions of the learned counsel for the appellant, the respondent No.5 is continuously working for 14 years and the writ petitioner is seeking transfer on medical grounds. It is also an admitted fact that the writ petitioner also worked at Tirupati continuously for a considerable period and just 2½ years back, he was transferred to Kurnool. Now on medical grounds, he is again seeking transfer to Tirupati. 7. After considering the facts and circumstances of the case, the learned Single Judge, while disposing the writ petition, directed the respondent authorities to re-examine the request of the petitioner for transfer to Tirupati taking note of the medical issues and the familial reasons stated by the petitioner. 8. After considering the facts and circumstances of the case, we do not want to interfere into the order passed by the learned Single Judge with respect to the writ petitioner. However, the respondent authorities also shall consider the request of the respondent No.5 to retain at Tirupati in the light of the circular, dated 15.06.2025 issued by the Director of Secondary Health, Andhra Pradesh. 9. Accordingly, this Writ Appeal is disposed of with the following directions:- i. The respondent authorities are directed to re-examine the requests of the writ petitioner and the respondent No.5 in the writ petition, taking into note of the medical issues of the writ petitioner and the circular instructions dated 15.06.2025 issued by the Director of Secondary Health, Andhra Pradesh, in respect of the respondent No.5 in the writ petition, within a period of two (02) weeks from the date of receipt of a copy of the order. 10. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed.