THE HON’BLE THE CHIEF JUSTICE SRI APARESH KUMAR SINGH AND THE HON’BLE SRI JUSTICE P.SAM KOSHY WRIT PETITION No.22276 of 2025

ORDER:

Learned counsel Sri Poodattu Amarender appears for the petitioner.

Sri G.Prasanth, learned Assistant Government Pleader for Services-I, appears for respondent Nos.1 and 4.

Sri B.Rajeshwar Reddy, learned Government Pleader for Andhra Pradesh, appears for respondent Nos.2 and 5.

Ms. M.Shalini, learned Government Pleader for Services-II, appears for respondent No.3.

2. Heard the learned counsel for the parties.

3. In pursuance to the Circular Memo No.1896/SPF- II/2021, dated 09.09.2021, the petitioner, who was working as the Deputy Executive Engineer in the Gadwal Municipality under the Telangana State, accorded his consent for being allocated Andhra Pradesh cadre on mutual grounds. By the impugned notification dated

16.06.2025, the petitioner has been allocated to the Andhra Pradesh cadre and one J.Vijaya Kumar, Deputy Executive Engineer, Tadepalligudem Municipality, West Godavari District, Andhra Pradesh, has been allocated to the State of Telangana. As per the impugned notification, Engineer-in-Chief (PH), Andhra Pradesh, Tadepalli, Guntur District, has been directed to relieve respondent No.6, who is working in Andhra Pradesh, immediately. The petitioner now does not want to go to Andhra Pradesh. He has taken a plea that the consent for mutual transfer was made way back in the year 2021. Both the Governments sat over the matter for four years. Now, the circumstances have changed and he is not inclined to be reallocated to the State of Andhra Pradesh. He claims to be a local candidate of Telangana State as per the Presidential Order since he has studied from 4th to 7th classes in Gurukul High School, Jawahar Nagar, Hyderabad, and 8^th to 10^th classes in Sri Lakshmi High School, Kurnool District. On account of this reason only, he was allocated to the Telangana State and as per his option, he has been working here.

4. The circular dated 07.08.2017 lays down the guidelines for inter-State transfer of Government employees between the State of Andhra Pradesh and the State of Telangana. These guidelines have been framed as per the proviso to sub-section (2) of Section 77 of the Andhra Pradesh Reorganisation Act, 2014 (hereinafter referred to as, “the Reorganisation Act”). The petitioner, after his allocation to the State of Telangana, gave his willingness to go back to Andhra Pradesh on permanent basis pursuant to the circular dated 09.09.2021 vide his representation dated 14.09.2021 through proper channel. No objection was also furnished by respondent No.1 to respondent No.2 requesting to examine and intimate the decision of Government of Andhra Pradesh. Thereafter, inter-governmental correspondences took place. The Telangana Government gave no objection for mutual transfer on 16.04.2025. Thereafter, the impugned notification dated 16.06.2025 was issued by the Government of Andhra Pradesh approving the inter-State mutual transfer between the petitioner and respondent No.6 on permanent basis. The petitioner made a representation on 14.07.2025 to withdraw his consent to be transferred to Andhra Pradesh and to be retained in Telangana.

5. Learned counsel for the petitioner has submitted that after four years of the petitioner’s consent, the mutual transfer has been finalised without issuing any fresh notice or seeking his present consent which violates the principle of audi alteram partem. The petitioner has also taken a plea that the Telangana Public Employment (Organisation of Local Cadres and Regulation of Direct Recruitment) Order, 2018, does not permit inter-State transfers. Learned counsel for the petitioner submits that the impugned notification is therefore arbitrary and discriminatory. It adversely affects his service status. Such permanent change of cadre and forfeiture of seniority without according any opportunity of being heard shall cause irreparable harm to the petitioner.

6. Learned counsel appear