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G. NARENDAR, NYAPATHY VIJAY
Special Chief Secretary – Appellant
Versus
Anapalli Appa Rao – Respondent
JUDGMENT:
G.NARENDAR, J.
Heard Sri G.V.S. Kishore Kumar, Learned G P (S-I) for the appellants and Sri M.Kantha Rao, Learned Counsel for the 1st respondent/writ petitioner.
2. The appellants are the Department of Animal Husbandry, Dairy Development and Fisheries, Government of Andhra Pradesh and the Director of the said department. The 1st Respondent is the Petitioner and the 2nd Respondent is the Assistant Director of Animal Husbandry, SMILE, Visakhapatnam Campus.
3. The parties are referred to by their nomenclature before the learned Single Judge for the sake of brevity and convenience.
4. It is the case of the Petitioner that the transfer proceedings bearing Roc.No.2633/BI/2020, dated 16.06.2021, is contrary to G.O.Rt.No.151, AH, DD & F (AH.I) Dept., dated 17.06.2021, issued by the 1st respondent.
5. The facts in a nutshell are that the Petitioner while discharging duties as Assistant Director (Animal Husbandry) was deputed to SVVU Super Speciality Veterinary Hospital, Visakhapatnam, which centre is under the control of Sri Venkateswara Veterinary University, Tirupati, with effect from 25.02.2016 vide proceedings dated 24.12.2015. On completion of his foreign service in the deputed dep
. The eligibility criteria for a government post are fixed by the government and not subject to judicial review. The transfer of a government servant is an incidence of service and not open to demand....
The main legal point established in the judgment is that appointments must comply with the relevant rules and government orders, and appointing authorities must act within their jurisdiction.
The main legal point established in the judgment is that the power of transfer and posting should be exercised honestly, bona fide, and reasonably, based on administrative exigency and public interes....
Point of Law : Transfer of a public servant made on administrative grounds or in public interest should not be interfered with unless there are strong and pressing grounds rendering the transfer orde....
Mutual transfer of employees is valid if both are governed by the same service rules, irrespective of their postings, as established under the Directorate Service Rules, 1973.
Legal malice is insufficient to challenge a transfer order unless clear procedural violations or malafide intentions can be proven.
Transfer orders must align with public interest and established norms; courts can intervene if government action is arbitrary.
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