P.V.Srinivasa Rao vs The State Of Andhra Pradesh,
2022 Latest Caselaw 4686 AP

         HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI


                      Writ Petition No.21924 of 2022
Order:

      This Writ Petition is filed questioning the impugned proceedings

dated 30.06.2022 transferring the petitioner from the third respondent

temple to the fourth respondent temple without there being any existing

vacancy in the fourth respondent temple, as illegal and arbitrary.

The case of the petitioner is that he is working as Senior Assistant

in the third respondent temple and seeking promotion as a Superintendent

of the said temple; the third respondent issued proceedings dated

17.04.2021 relieving one Boppana Satyanarayana from the third

respondent temple and directed him to join in another temple on

promotion as a Superintendent; by the same proceedings, the third

respondent observed that the petitioner was promoted as Superintendent

and took charge in the place of B. Satyanarayana as office

Superintendent; challenging the said proceedings dated 17.04.2021, the

said B. Satyanarayana filed Writ Petition No.9484 of 2021 and obtained

interim order to continue him in the third respondent temple on

07.05.2021 and as there is no vacancy in the third respondent temple,

petitioner was continued as Senior Assistant; meanwhile, the second

respondent issued impugned transfer proceedings dated 30.06.2022

transferring 30 members and the petitioner was transferred from the third

respondent temple to the fourth respondent temple; the said B.

Satyanarayana was also transferred from the third respondent temple to

Subrahmanyeswaraswami temple at Mopidevi and the said Satyanarayana

was relieved from the third respondent temple and joined at Mopidevi;

petitioner was also relieved from the third respondent temple on

05.07.2022, but the fourth respondent did not join him as there is no

vacancy; the fourth respondent issued proceedings dated 06.07.2022

informing that the second respondent issued transfer orders to one E.

Seshagiri Rao from the fourth respondent temple to Sri Kasi Visweswara

Annapurna Devasthanam, Governerpet, Vijayawada without observing his

age of superannuation and subsequently a revised order was issued to

continue the said Seshagiri Rao in the fourth respondent temple and

hence there is no vacancy to the petitioner; petitioner is qualified to be

continued as a Superintendent in the third respondent temple as per the

earlier proceedings of the third respondent dated 17.04.2021; narrating all

the facts, he filed a representation dated 07.07.2022 before the second

respondent requesting to continue him in the third respondent temple, but

so far no decision is taken. Hence, the Writ Petition.

Learned Government Pleader has passed on the written instructions

of the Commissioner, Endowments Department dated 27.07.2022, wherein

it is stated that the petitioner has completed 28 years 9 months of service

at the third respondent temple in different cadres and as the said E.

Seshagiri Rao is going to retire from service on 31.08.2022 he was

retained at the fourth respondent temple and that the petitioner was

transferred and posted at Sri Venkateswara Swamy Devasthanam,

Tirumalagiri, Jaggayyapeta, Krishna district as per the units specified in

G.O.Ms.No.301, Revenue (Endts-I) Department dated 12.10.2020 and

pursuant to the said transfer orders petitioner was also relieved from the

third respondent temple on 05.07.2022 and the petitioner who is under

the order of transfer to Sri Venkateswara Swamy Devasthanam,

Tirumalagiri, Jaggayyapeta, Krishna district is deputed to Sri Kasi

Visweswara Swamy temple, Governerpet, Vijayawada for a period of one

year on 25.07.2022.

As the main grievance of the petitioner in the present Writ Petition

is transferring him to the fourth respondent temple, even though there is

no vacancy there and as the petitioner is now deputed to Sri Kasi

Visweswara Swamy temple, Governerpet, Vijayawada for a period of one

year from 25.07.2022, the petitioner cannot have any grievance and it is

not the case of the petitioner that the transfer guidelines were violated.

The Hon'ble Supreme Court in a decision reported in Kendriya

Vidyalaya Sangathan v. Damodar Prasad Pandey1, held that if the

transfer order is vitiated by mala fides or in violation of the guidelines, the

same can be interfered with by the Courts and that the employee cannot

be transferred as a punitive measure. But, in the present case, petitioner

could not show the violation of any of the guidelines or attributed any

mala fides.

In view of the facts and circumstances of the case and in the light

of the judgment of the Hon'ble Supreme Court and in view of the fact that

the petitioner could not demonstrate violation of transfer guidelines issued

through G.O.Ms.No.116, Finance (HR.I-PLG. & POLICY) Department,

dated 07.06.2022, this Court sees no merit in the Writ Petition and the

same is liable to be dismissed.

The Writ Petition is, accordingly, dismissed. There shall be no

order as to costs.

2004(12) SCC 299

As a sequel thereto, the miscellaneous applications, if any, pending

in this Writ Petition, shall stand closed.

_____________________________ KONGARA VIJAYA LAKSHMI, J Date:27.07.2022 Nsr

HON'BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

Writ Petition No.21924 of 2022

Date:27.07.2022 Nsr