Transfer of visually challenged employees without request violates guidelines, constituting an arbitrary action under Constitutional provisions.

ORDER

The above writ petition is filed impugning the proceedings issued by the 2^nd respondent vide CCST’S Ref.No.DXZ(1)/617/2024 dated 20.09.2024 (Ex.P1), transferring the petitioner, Deputy Assistant Commissioner (ST) from the office of Assistant Commissioner (ST), Bhavanipuram Circle-I Division, Vijayawada to the office of Joint Commissioner (ST), Vijayawada-III Division, as illegal, arbitrary and contrary to G.O.Ms.No.75 Finance (HR.I-PLG. & POLICY) Department, dated 17.08.2024 & G.O.Ms.No.170 Revenue (Commercial Taxes) Department dated 22.08.2024.

2. a) In the affidavit, it was pleaded that the petitioner was initially appointed as Junior Assistant on 21.03.1998 through APPSC, later promoted as Senior Assistant in the year 2011, further promoted as Assistant Commercial Tax Officer in the year 2014 and thereafter promoted as Deputy Assistant Commissioner in the year 2018. During the transfer counselling in the year 2022, the petitioner was transferred and posted to the office of Assistant Commissioner (ST), Bhavanipuram Circle, Vijayawada-1 Division. The petitioner is a visually challenged person and he was appointed against roster point No.6 visually challenged quota. The Government issued G.O.Ms.No.75 Finance (HR.I- PLG. & POLICY) Department, dated 17.08.2024 framing guidelines for transfers and postings of employees. In pursuance of the said G.O., the 1^st respondent issued G.O.Ms.No.170 Revenue (Commercial Taxes) Department dated 22.08.2024 prescribing guidelines/instructions.

b) Be that at it may, by the proceedings impugned (Ex.P1) in the writ petition, the petitioner was transferred. After the issuance of the transfer order (Ex.P1) the petitioner made a representation dated 24.08.2024 to the 2^nd respondent to exempt him from transfers, as per the guidelines in G.O.Ms.No.170 dated 17.08.2024 and also enclosed the medical certificate issued by the APVVP. The petitioner has also not made any request seeking transfer. Despite being a visually impaired employee, the petitioner competed alongside regular employees and brought in significant revenue to the Government through his special efforts, whereby he was given the Best Employee Award from the Krishna District Collector in the year 2021. In the first six months of the financial year 2024-2025 alone, he generated nearly 1.7 crores of revenue. Hence, the writ petition.

3. A counter affidavit was filed on behalf of 2^nd respondent. While not disputing G.O.Ms.No.75 dated 17.08.2024 and G.O.Ms.No.170 dated 22.08.2024, it was pleaded that the request of petitioner to retain him in the office of Assistant Commissioner (ST), Bhavanipuram was considered and therefore, by giving preference, the petitioner was posted as Manager in the office of Joint Commissioner (ST), Vijayawada-III Division of Vijayawada Town. The transfer of the petitioner is effected from one office to another office and not beyond the town. The petitioner joined duty in the transferee place on 23.09.2024. The Government imposed a ban on transfers with effect from 23.09.2024. The department has not shown any discrimination towards the petitioner and eventually prayed to dismiss the writ petition.

4. Heard Smt.Kavitha Gottipati, learned counsel for the petitioner and Sri R.S.Manidhar Pingali, learned Assistant Government Pleader for Services for respondents.

5. Learned counsel for the petitioner as well as learned Assistant Government Pleader for Services for respondents reiterated the contentions as per the averments made in the affidavit and counter affidavit respectively.

6. Now, the point for consideration is: Whether the transfer of petitioner vide CCST’S Ref.No.DXZ(1)/617/2024 dated 20.09.2024 (Ex.P1) is legally sustainable?

7. The Government issued G.O.Ms.No.75 Finance (HR.I-PLG. & POLI