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CDJ 2026 APHC 994
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| Court : High Court of Andhra Pradesh |
| Case No : Writ Petition No. 15255 of 2026 |
| Judges: THE HONOURABLE MR. JUSTICE NYAPATHY VIJAY |
| Parties : Mandla Sailaja & Others Versus The State of Andhra Pradesh, Rep. By Its Principal Secretary, Guntur & Others |
| Appearing Advocates : For the Petitioner: S. Dilip Jaya Ram, Advocate. For the Respondent: Government Pleader for Services III |
| Date of Judgment : 18-06-2026 |
| Head Note :- |
Constitution of India - Article 226 -
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| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Article 226 of the Constitution of India
- Article 14 of the Constitution of India
- Article 21 of the Constitution of India
- Section 151, Code of Civil Procedure (CPC)
- G.O.Ms.No.24, Finance Department dated 18.02.2019
- G.O.Ms.No.40, Finance Department dated 18.05.2021
- G.O.Ms.No.5, Finance Department dated 17.01.2022
- G.O.Rt.No.103, School Education (Prog‑II) Department dated 29.06.2022
2. Catch Words:
Writ of Mandamus, Article 226, Section 151 CPC, Minimum Time Scale, illegal and arbitrary action, violation of Articles 14 and 21, re‑engagement, transfer policy
3. Summary:
The petition under Article 226 and Section 151 CPC challenges the respondents’ refusal to re‑engage the petitioners and alleged transfer without observing the Minimum Time Scale, claiming violation of Articles 14 and 21. The Government Pleader assured re‑engagement subject to G.O.Rt.No.103. Both parties consented to disposal. The Court directed that the petitioners be re‑engaged and any transfers be made strictly in accordance with G.O.Rt.No.103. No costs were awarded and any pending applications were ordered to stand closed.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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(Prayer: 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 tomay be pleased to issue a Writ of Mandamus or any other appropriate Writ, Order or direction declaring the action of the Respondents in not re engaging services of the Petitioners in terms of Proceedings issued by the 9th Respondent vide Rc.No. 1392113/APSS/A1/2021, dated 24.04.2026 and further trying to transfer them from their respective workplace without effecting the Minimum Time Scales as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and the guidelines in G.O.Ms.No.24,Finance Department dated 18.02.2019, G.O.Ms.No.40 Finance Department dated 18.05.2021 and G.O.Ms.No.5 Finance Department dated 17.01.2022 and to consequently direct the Respondents forthwith renew the contracts in terms of the proceedings aforementioned and to implement Minimum Time Scale before effecting transfers and to pass such
IA NO: 1 OF 2026
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 herein to re-engage the services of the Petitioners in terms of the proceeding issued by the 5'^'^ Respondent vide Rc.No.l392113/APSS/Al/2021, dated 24.04.2026 and to pass
IA NO: 2 OF 2026
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 herein not to affect the transfers/replacements of the Petitioners without implementing the Minimum Time Scale and to pass)
1. This writ petition is filed questioning the action of Respondents in not reengaging the Petitioners in terms proceedings dated 24.04.2026 issued by the State Project Director as illegal and arbitrary.
2. This case was listed in the vacation Court on 04.06.2026 and this Court recorded the submissions of learned Government Pleader that the Petitioners would be reengaged subject to G.O.Rt.No.103, School Education (Prog-II) Department, dated 29.06.2022.
3. Learned counsel for the Petitioners submits that in the process of reengagement of Petitioners, the Respondents are likely to transfer/dehors the transfer policy contemplated under G.O.Rt.No.103, School Education (Prog-II) Department, dated 29.06.2022.
4. Learned Government Pleader Sri G.Ramachandra Rao, submits that the Petitioners would be reengaged and any transfer would be strictly in accordance with law contemplated vide G.O.Rt.No.103, School Education (Prog-II) Department, dated 29.06.2022.
5. Learned counsel for the Petitioners submitted that the grievance of the Petitioners would stand redressed if the writ petition is disposed of in terms of the submissions of the learned Government Pleader.
6. Noting the said submissions and with the consent of both the counsel, the writ petition is disposed of with the following directions:
(i) The Petitioners shall be reengaged into service.
(ii) The transfers shall be in accordance with G.O.Rt.No.103, School Education (Prog-II) Department, dated 29.06.2022.
(iii) No order as to costs.
As a sequel, pending applications, if any, shall stand closed.
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