Transfers of office bearers must adhere to statutory guidelines; failure to do so constitutes arbitrariness, violating Articles 14 and 16 of the Constitution.

ORDER :

Subba Reddy Satti, J.

Since the issue involved in all the writ petitions is the same, all the writ petitions are disposed of by way of this common order.

2. Heard Sri G.V.S.Kishore Kumar, Sri A.Rajendra Babu, Ms.Sodum Anvesha, Sri Narra Srinivasa Rao and Sri Bethapudi Manoj Kumar, learned counsel for petitioners and Sri R.S.Manidhar Pingali, learned Assistant Government Pleader for Services for respondents.

3. Impugning the proceedings whereby the petitioners’ were transferred to different stations, the above writ petitions are filed.

4. Learned counsel for petitioners would submit that the petitioners are office bearers of registered association and hence, the transfer of petitioners without assigning reasons is contrary to G.O.Ms.No.75 Finance (HR.I-PLG. & POLICY) Department, dated 17.08.2024. The transfers of the petitioners since made were contrary to the guidelines/instructions issued in G.O.Ms.No.75 dated 17.08.2024, the said action is arbitrary and hence, the said transfers are vitiated and are liable to be set aside. They would also contend that, in the absence of, any other statutory rules, the government's guidelines have statutory force. No reasons were assigned in the transfer orders.

5. Sri Narra Srinivasa Rao and Ms.Sodum Anvesha, the learned counsel would submit that the transfers of the petitioners are made in violation of Clause IV (11 & 12) of G.O.Ms.No.75 dated 17.08.2024.

6. In oppugnation, learned Assistant Government Pleader for Services would submit that the petitioners neither averred arbitrariness nor demonstrated violation/infringement of any right. The office bearers are bound to serve all the employees and mere transfer will not take away their right or duty cast upon them. The respective office bearers failed to furnish relevant material papers to the authorities in support of their claim. The authorities adhered to the guidelines issued in G.O.Ms.No.75 dated 17.08.2024.

7. Sri Umesh Chandra, learned counsel for intervener adopted the arguments of learned Assistant Government Pleader for Services.

8. In reply, learned counsel for the petitioners would contend that once the State issued guidelines, the Head of the Department shall necessarily follow the guidelines without any deviation. The election of office bearers was intimated to the Principal Secretary to the Government, General Administration on 28.08.2024 and the same was acknowledged. Thus, the office bearers even complied with Clause V (5) (b & c) of G.O.Ms.No.75 dated 17.08.2024.

9. In support of contentions the learned counsel for petitioners, relied upon the following citations.

(i) Mr.Chandru H.N. Vs. State of Karnataka and others ILR 2011 KAR 1585

(ii) Commissioner of Central Excise, Bangalore Vs. Srikumar Agencies and others (2009) 1 SCC 469 .

(iii) Abani Kanta Ray Vs. State of Orissa and others 1995 Supp (4) SCC 169.

(iv) Sarvesh Kumar Awasthi Vs. U.P. Jal Nigam and others (2003) 11 SCC 740.

(v) Mohd. Masood Ahmad Vs. State of U.P. (2007) 8 SCC 150

(vi) A.L.Kalra Vs. Project and Equipment Corporation of India Ltd. (1984) 3 SCC 316

(vii) Sk.Nausad Rahaman and others Vs. Union of India and others (2022) 12 SCC 1.

(viii) Manoj Kumar Vs. Union of India and others (2024) 3 SCC 563.

(ix) Ajay Hasia and others Vs. Khalid Mujib Shrevardi and others (1981) 1 SCC 722.

10. In support of the contentions the learned Assistant Government Pleader for Services, relied upon the following citations.

(i) Rasamsetti Hemaprakash Vs. State of Andhra Pradesh and others 2024 SCC OnLine AP 4489.

(ii) B.Varadha Rao Vs. State of Karnataka and others (1986) 4 SCC 131.

(iii) Shilpi Bose (Mrs) and others Vs. State of Bihar and others 1991 Supp (2) SCC 659.

(iv) Union of India and others Vs. S.L. Abbas (1993) 4 SCC 357.

(v) S.C.Saxena Vs. Union of India and others (2006) 9 SCC 583.

(vi) Sanjay Kumar Sharma Vs. State of U.P. and others 2017 SCC OnLine All 4281.

(vii) Order of Division Bench of High Court of Andhra Pradesh in W.A.No.325 of 2019 dated 15.10.2019.

(viii) Central PWD Engi