ORDER:

The writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

benefits.=

The case of the petitioner, in brief, is that he is working as Village Revenue Officer with effect from 10.12.2010. The Government of Andhra Pradesh issued G.O.Ms.No.45 Finance (HR-I-Plg & Policy) Department, dated 24.06.2019 lifting the ban on transfers from 25.06.2019 to 05.07.2019, which was extended up to 10.07.2019 vide G.O.Ms.No.59, dated 04.07.2019. Consequent upon relaxation of ban on transfers, the petitioner, along with one A. Lakshmi Kanth Reddy, who was working as Village Revenue Officer, Cluster III, Kurnool Town, had applied for transfer on mutual basis, which is permissible under the transfer guidelines. Considering the said application, the 3rd respondent issued proceedings in Rc.No.A4/752/2019, dated 10.07.2019 transferring and posting certain Village Revenue Officers on Administrative grounds, wherein the petitioner was shown at S.No.71 transferring him from Kurnool Town II, Cluster, Kurnool to Kurnool Town III Cluster, Kurnool. Accordingly, the petitioner reported to duty on 12.07.2019. The further case of the petitioner is that his wife Smt. D. Rajeswaramma, was working as Post Graduate Teacher in Zoology, A.P. Model School, Jupali Bungalow, Kurnool and his case is squarely covered under spouse case as envisaged in transfer guidelines. Strangely, the 3rd respondent issue proceedings in Rc.No.A4/752/2019, dated 10.07.2019, partially modifying the earlier orders of transfer, which was communicated through Whatsapp on 20.07.2019 after the petitioner joined in Kurnool Town III Cluster Kurnool in pursuance of initial transfer orders dated 10.07.2017. The grievance of the petitioner is that the 3rd respondent issued the impugned order partially modifying the earlier transfers to accommodate the 4th respondent who was appointed under compassionate grounds which is nothing but arbitrary, unjust and contrary to guidelines issued in G.O.Ms.No.45, dated

24.06.2019.

The 3rd respondent filed his counter denying the

who completed five years at a station shall be invariably transferred; and service in all cadres at a station shall be counted while calculating the period of stay. Station means place (City, Town, Village) of actual working for the purpose of transfers and not office or institution. Subsequently, the relaxation of ban on transfer of employees was extended up to 10.07.2019 vide G.O.Ms.No.59 Fin (HRI-Plg. & Policy)

Department, dated 04.07.2019.

It is further stated that the petitioner, who was working as Village Revenue Officer, Kurnool Town-II Cluster, Kurnool, was transferred and posted as Village Revenue Officer, Kurnool Town III Cluster vide proceedings in Rc.A4/752/ 2019, dated 10.07.2019 showing him at S.No.71 on mutual basis, which was not made as per the principles laid down in G.O.Ms.No.45, dated 24.06.2019, but only on administrative grounds. Immediately, partial modification orders were issued, transferring and posting the petitioner as Village Revenue Officer, Devenakonda-II Cluster, Devenakonda Mandal, on administrative grounds, on the ground that the petitioner has completed five years of service as Village Revenue Officer, as per Rule 3 (ii) of the said G.O., more so, he was working in the same Mandal since his date of appointment in the cadre of Village Revenue Officer from 10.12.2010 i.e. more than nine years. Accordingly, the petitioner?s transfer was effected and the said orders were despatched on the same day i.e. 10.07.2019 to the office of the Tahsildar, Kurnool and accordingly, the petitioner reported to duty on the F.N.

of 12.07.2019 before the Tahsildar, Kurnool.

Subsequently, as the 4th respondent was appointed as Village Revenue Officer under compassionate grounds and posted as Village Revenue Officer, Kurnol Town-III vide proceedings in REV-ASECORP(VRO)/1/2019, dated 22.07.2019, the Tahsildar, Kurnool relieved the petitioner on the A.N. of 22.07.2019 vide his proceedin