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2024 Supreme(Online)(AP) 13445
HIGH COURT OF ANDHRA PRADESH
SUBBA REDDY SATTI, J
G Amrutha – Appellant
Versus
The State of Andhra Pradesh – Respondent
WP 16600/2024
C.Raghu, learned senior counsel assisted by Smt.V.Sesha Kumari, Smt.Kavitha Gottipati, Sri Pamarty Ratnakar, Dr.Challa Srinivasa Reddy and Smt.Aishwarya Nagula, Smt.S.Pranathi, learned Special Government Pleader for Services
Ratification from the competent authority is essential for the validity of transfer orders in public service, and absence of such approval renders the transfers invalid.
Headnote:(A) A.P. Education Act, 1982 - Sections 78 and 99 - Constitution of India - Article 309 - Transfer of teachers - Petitioners challenged the legality of transfer orders kept in abeyance by the government, asserting violations of transfer guidelines and lack of ratification - The court found that the transfer orders were issued without necessary approval from the competent authority and thus were invalid. (Paras 2, 10, 34)
(B) Administrative Law - Judicial Review - The court emphasized that transfers in public service are generally not subject to judicial interference unless made in violation of statutory rules or on grounds of mala fides. (Paras 11, 34)
Facts of the case:
Petitioners, comprising Secondary Grade Teachers and School Assistants, contested the legality of transfer orders issued by the government, which were later kept in abeyance. They argued that the transfers were approved by the competent authority but were later rejected without valid reasons. (Paras 2, 34)
Findings of Court:
The court concluded that the transfer orders lacked necessary ratification from the competent authority, rendering them invalid, and dismissed the writ petitions. (Paras 34)
Issues: The main issues included the applicability of transfer guidelines, the necessity of government ratification for transfers, and whether the abeyance and rejection memos lacked sufficient reasoning. (Paras 10, 34)
Ratio Decidendi: The court ruled that ratification from the competent authority is essential for the validity of transfer orders, and the absence of such ratification invalidates the transfers. (Paras 32, 34)
Result: Writ Petitions dismissed.
ORDER
Since the issue involved in all the writ petitions is the same, this Court feels it appropriate to dispose of them through this common order.
2. Petitioners, Secondary Grade Teachers, School Assistants, and Grade-II Head Masters in different schools filed these writ petitions assailing the proceedings vide Memo No.2272734/SER.II/A.2/2023 dated 06.06.2024, keeping in abeyance the transfer orders issued vide Govt. Memo No.2272734/Ser.II/A.2/2023 dated 21.02.2024; Govt. Memo No.2313567/Ser.II/A.2/2023 dated 21.02.2024; Govt. Memo No.2272734/Ser.II/A.2/2023 dated 28.02.2024; Govt. Memo No.2357693/Ser.II/A.2/2023 dated 11.03.2024; Govt. Memo No.2357693/Ser.II/A.2/2023 dated 14.03.2024; Govt. Memo No.2360025/Ser.II/A.2/2023 dated 15.03.2024 and Govt. Memo No.2385662/Ser.II/A.2/2023 dated 16.03.2024, as illegal and arbitrary.
3. a) Shorn of the details, the 1st respondent issued G.O.Ms.No.47 School Education (Services.II) Department dated 22.05.2023 making the A.P. Teachers (Regulation of Transfers) Rules. In pursuance of the said G.O., certain teachers (653) applied to the Government to transfer on spouse/medical/mutual grounds in June/July/August 2023. Those requests were considered by the Government and transfer orders were accordingly issued by the respective District Educational Officers (DEOs) in the State on 01.09.2023. All the teachers joined the respective transfer places from June, 2023 to August, 2023. The DEOs requested the 2nd respondent to ratify the transfer orders. The 1st respondent issued Memo No.1742374/SER.II/A.2/2022, dated 18.04.2024 ratifying the action of the DEOs qua the transfer orders already effected with the concurrence of Finance Department vide UO note dated 10.04.2024.
b) The petitioners, similarly placed employees, on par with other teachers, requested transfers on spouse/medical/mutual grounds. After calling for the report from the concerned DEOs, the Commissioner of School Education forwarded the same to 1st respondent-Principal Secretary, School Education. Upon considering the same, the 1st respondent issued the aforementioned seven memos, affecting transfers with a condition that the individuals should be relieved on 01.05.2024, as the academic year would be ending by 30.04.2024.
c) Be that as it may, the 1st respondent issued Memo No.2272734/SER.II/A.2/2023 dated 12.04.2024, in partial modification of the order issued in the aforementioned seven memos, indicating that the individuals/employees would be relieved after the end of the Model Code of Conduct instead of 01.05.2024. The model code of conduct came into force on 16.03.2024 and the same was lifted on 06.06.2024.
d) The 1st respondent issued Memo No.2272734/SER.II/A.2/2023 dated 06.06.2024 keeping in abeyance the transfer orders until further orders. Assailing the said proceedings, several writ petitions were filed. At the request made on behalf of the learned Government Pleader, the writ petition were adjourned from time to time, however, no interim orders were passed.
e) As the matter stood thus, the 1st respondent issued Memo No.2272734/SER.II/A.2/2023 dated 18.07.2024. in the said memo it was mentioned that the competent authority rejected the transfer orders, issued in the aforementioned seven memos, since the same were issued in violation of existing guidelines and also without approval of the competent authority. The said memo was placed before this Court on 20.07.2024. Impugning the said memo, W.P.Nos.16600 and 17061 of 2024 were filed. In the other writ petitions interlocutory applications seeking amendment of prayer, impugning the Memo dated 18.07.2024 issued by the 1st respondent. Those applications were ordered.
4. a) A counter affidavit was filed by the 1st respondent. It was contended, inter-alia, that the Government issued guidelines for the transfer of employees in the year 2023 vide G.O.Ms.No.71 FINANCE (HR.I-PLG. & POLICY) Department dated 17.05.2023 relaxing ban period from 22.05.2023 to 31.05.2023. In the said G.O., it was
