Common Judgment:

A. Hari Haranadha Sarma, J.

I. Introductory:-

                  [a] A batch writ petitions [in 26 Nos.] vide W.P.Nos.16968, 16981, 16982, 16984, 16986, 16987, 16997, 16999, 17002, 17004, 17050, 17541, 17549, 17810, 17852, 17864, 17865, 17872, 17873, 17878, 17882, 17990, 18072, 18126, 18750, 18846 of 2025 were disposed of by the learned Single Judge of this Court vide common order dated 11.08.2025.

                  [b] In respect of W.P.No.17990 of 2025 pertaining to the Prakasam district, W.A.No.958 of 2025 is filed and in respect of W.P.No.17810 of 2025, pertaining to the Anantapuram district W.A.No.966 of 2025 is filed.

W.A.No.966 of 2025:-

2. The Writ Appeal No.966 of 2025 is directed against the orders in W.P.No.17810 of 2025. The appellants 1 to 6 herein are the writ petitioners. The respondents No.1 to 6 herein are the official respondents 1 to 6 in the Writ Petition. Respondents No.7 to 25 herein are the respondents No.7 to 25 and respondents No.26 to 30 herein are the writ petitioners and they were shown as the respondents since they did not join in filing the Writ appeal. This appeal pertains to the Anantapuram District of although 11 persons filed the writ petition, only 6 persons filed the appeal.

W.A.No.958 of 2025:-

3. This is an appeal directed against the orders in W.P.No.17990 of 2025 dated 11.08.2025 passed by the learned Single Judge. The appellants 1 to 7 are the writ petitioners. The respondents No.1 to 4 are the official respondents and the respondents No.5 to 20 are the unofficial respondents in the Writ petition. This Writ Appeal is pertaining to the Prakasam District.

II. Factual matrix and the issue involved in the Writ Petitions:-

4. [i] Appointments to the post of Village Agricultural Assistant Grade-II were made in the year 2019 through the DSC, and postings were effected at various Gram Panchayats. In the process of rationalisation, the Government of A.P., Department of Agriculture, issued G.O.Ms.No.01, GSWS department dated 25.01.2025 for rationalising the Village/Ward Secretariats and functionaries to ensure effective implementation of Real Time Governance at Village/Ward level. Thereafter, G.O.Ms.No.3 GSWS department dated 10.04.2025 was issued positioning of various designations. Subsequently, for grouping of Secretariats, fixing of positions for specific purpose at village/ward level was done under G.O.Ms.No.4 dated 17.05.2025. Thereafter, G.O.Ms.No.5, dated 12.06.2025 was issued giving certain guidelines for transfer of functionaries.

                  [ii] As per the said G.O.Ms.No.5, longstanding employees, station wise seniority list to be prepared and transfers are to be effected. Since the appointments have been taken place under the same notification, seniority was fixed with reference to the date of birth. When transfers are scheduled, the writ petitions are came to be filed questioning the transfers on various grounds, alleging that the transfers are not in accordance with the guidelines issued under G.O.Ms.No.5, dated 12.06.2025 and that the letters issued by public representatives like MLAs., and M.Ps. were alone considered. Those letters are not mere suggesting transfers but they are directing the place of posts also. Hence, the transfers are not valid. Therefore, the core issue is whether the transfers are effected in terms of G.O.Ms.No.5 dated 12.06.2025 or whether the letters issued by the public representatives overweighed the transfer policy in terms of G.O.Ms.No.5.

III. Contention in the Writ Petitions:-

5. There is violation of G.O.Ms.No.5 and the options given by the employees were not considered and the recommendation of the public representatives alone prevailed over the rule, therefore, the transfers are bad in law.

IV Contention of the official respondents before the learned Single Judge are –

6. Although no counter was filed on behalf of the official respondents, hearing has taken place and following oral submissions are made on behalf of the official respondents and they were considered by the learned Single Judge, on pleading the urgency:

                  (i) There are no malafides.

                  (ii) Transfer Policy covered by G.O.Ms.No.5 is not violated.

                  (iii) Transfer is an incident of the employment. Therefore, the writ petitions are not maintainable.

                  (iv) The public representatives espousing the cause of the employees seeking transfers is not bad as observed by the Hon’ble Apex Court. Therefore, there are no grounds to interfere.

V. Orders of the learned Single Judge:-

7. [i] Except in respect of Kurnool and Krishna Districts, the impact of interference or letters of public representatives is not so high. However, in respect of those two districts, the letters as well as the conduct and manner in which the transfers were effected, particularly time granted for submission of options and effecting of transfers without any breathing gap shows the grave irregularity. Further, the application of either discretion or rationality in effecting the transfers in respect of those two districts, is not found. Therefore, the same shall require revisit in view of apparent clouds over the propriety of transfers effected. Hence, the transfer orders in respect of those two districts shall stand set aside and there shall be fresh transfers. In respect of other districts, the writ petitions filed are liable to be dismissed.

VI. Contentions in the Appeals:- For the appellants:-

8. The appellants in W.A.No.958 of 2025, 966 of 2025 reiterated the grounds that the transfer is not effected as per G.O.Ms.No.5 and letters of M.L.A. and M.Ps. are prevailed. Therefore, the transfers are liable to be set aside and they prayed for allowing the writ appeals and the writ petitions.

For the Official Respondents:-

9. There are no merits and the transfers effected are valid, therefore, the writ appeals are liable to be dismissed.

10. Perused the impugned orders and the material available on record.

11. Thoughtful consideration is given to the arguments advanced by both sides.

12. The points that arise for determination in these appeals are –

                  1) Whether the dismissal of Writ Petition No.17990 of 2025 questioned in W.A.No.958 of 2025 is proper?

                  2) Whether the dismissal of Writ Petition No.17810 of 2025 questioned in W.A.No.966 of 2025 is proper?

                  3) What is the result of the appeal in W.A.No.958 of 2025?

                  4) What is the result of the appeal in W.A.No.966 of 2025?

Point No.1:-

13. (i) Transfers are incidents of employment and the Courts shall be slow unless illegality is there in the transfers.

                  (ii) Grievance alleged is that public representative letters were considered. But the proportionality at which the letters are considered was not as grave is the observations of the learned Single Judge.

                  (iii) The learned Single Judge has relied on the observations of the Hon’ble Supreme Court in Mohd. Masood Ahmad V. State of U.P.( 2007 (8) SCC 150) that there is no bar for the public representatives to suggest transfers in certain situations as they being bridge between the public and executives.

                  (iv) In respect of scope of interference with the transfer orders and restraint to be exercised by Courts, learned Single Judge referred to the following authorities vide Shilpi Bose (Mrs) and Others V. State of Bihar and Others(1991 Supp(2) SCC 659), Major General J.K. Bansal Vs. Union of India(2005 (7) SCC 22), and Sri Publi Lombi V. The State of Arunachal Pradesh and Others(2024 Supreme (SC)225).

14. Upon considering the facts and circumstances and the reasons stated by the learned Single Judge in the impugned orders under challenge, the same are found to be proper, and we find no grounds to interfere. Therefore, the appeals are found fit to be dismissed, confirming the orders of the learned Single Judge. Points No.1 and 2 are answered accordingly.

Point Nos.3 and 4:-

15. In the result, both the writ appeals are dismissed. No costs.

                  As a sequel, miscellaneous petitions pending, if any, shall stand closed.