IN THE HIGH COURT JUDICATURE ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND ELEVEN PRESENT THE HONOURABLE SRI JUSTICE G.CHANDRAIAH W.P. No.32908 of 2011 Between: S.Gowri Mani … Petitioner and The State of A.P. Rep.by its Principal Secretary to Govt., Woman Development and Child Welfare Dept., Secretariat Buildings, Hyderabad and others. … Respondents THE HONOURABLE SRI JUSTICE G.CHANDRAIAH W.P. No.32908 of 2011 ORDER: This writ petition has been filed seeking for issuance of Writ of Mandamus declaring the inaction of the respondents in considering the case of the petitioner for transfer to the post of Anganwadi Worker in the existing vacancies in Parvathipuram Municipality in Vizianagaram District as per the request made by her in her representation dated 15.12.2011 and also as per the guidelines issued by the Government in G.O.Ms.No.2, dated 07.01.2009, as illegal, arbitrary, contrary to guidelines issued by the Government from time to time and further direct the respondents to consider the cases of the petitioner for transfer as Anganwadi Worker in the existing vacancies as per the orders issued by the Government in the said G.O. The case of the petitioner, in brief, is that she was appointed as Anganwadi Worker in the year 1983 and since then she has been working as such at Putturu Village, at Parvathipuram Mandal. Her husband is resident of Ward No.24, Naidu Street in Parvathipuram Municipality. Putturu Village Anganwadi center is situated 12 kilometers from Parvathipuram Municipality. Having come to know that there is one vacancy of Anganwadi worker at 24 Ward, Naidu Street, Parvathipuram Municipality, she made a representation dated 15.12.2011 to the respondent authorities to consider for transfer to 24 Ward in the existing vacancy, as per the orders issued by the Government in G.O.Ms.No.2 dated 07.01.2009. Thereafter, she also made several representations seeking her transfer to 24 Ward but the respondents did not take any action on the said representations. Therefore, she filed the present writ petition. The learned counsel for the petitioner would submit that as per the G.O.Ms.No.2, dated 07.01.2009, the petitioner is entitled to transfer to 24 Ward. Therefore, the respondents may be directed to consider the representations stated to have been made by the petitioner and to transfer her to the 24 Ward. On the other hand, the learned Government Pleader for the respondents would like to find out as to whether there is any vacancy in the 24 Ward. Heard the learned counsel for the petitioner and the learned Government Pleader and perused the material on record. The main grievance of the petitioner is that as there is a vacancy in the 24 Ward she stated to have made a representation to the authorities seeking her transfer but the respondents did not initiate any action on the said representation. Hence, the petitioner is before this Court. The contention of the learned counsel for the petitioner is that as per the G.O.Ms.No.2, dated 07.01.2009, the petitioner is entitled to transfer to her husband’s living place. Para 1 of the G.O.Ms.No.2, dated 07.01.2009, reads as under: “Government of India has clearly stipulated that the Anganwadi Worker should be a local person/reside in the same habitation so as to discharge her duties properly. However, taking into consideration the representation of Anganwadi Worers/Helpers received vide reference 2nd read above, the CDPOs/PDs shall obtain the requests of those non- local AWWs/Helpers for postings in their native/husbands village and shall maintain a register accordingly and ensure that as and when a vacancy arises in such habitation, their requests are considered on priority and resultant vacancy alone notified for being filled up. The PD and CDPOs shall not take any steps to replace non-local AWWs/Helpers who are not accommodated in their place of request. However, it shall be ensured that such AWWs/Helpers operating from other villages, attend to their duties punctually and regularly.” From a perusal of the said G.O. it is clear that the authorities shall consider the request of the petitioner for transfer to her husband’s living village. In that view of the matter, the respondents 3 and 4 are directed to consider the case of the petitioner for her transfer from Putturu Village to 24 Ward, Naidu Street, Parvathipuram Municipality, in which locality her husband is residing, and pass appropriate orders, in accordance with law, if there is a vacancy. With the above direction, this writ petition is disposed of. There shall be no order as to costs. ________________________ JUSTICE G.CHANDRAIAH Date: 26.12.2011 LSK