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| Main Number | WP 10762/2021 | SR Number | WPSR 13945/2021 | ||||||||||||||||||||||||
| Petitioner | B.R Udaya Kumar | Respondent | The State of Andhra Pradesh, | ||||||||||||||||||||||||
| Petitioner Advocate | G V L MURHTY | Respondent Advocate | GP FOR SERVICES III | ||||||||||||||||||||||||
| Case Category | SERVICE | District | ANANTAPUR | ||||||||||||||||||||||||
| Filing Date | 04/05/2021 | Registration Date | 26/05/2021 | ||||||||||||||||||||||||
| Listing Date | 04/07/2022 | Case Status | DISPOSED | ||||||||||||||||||||||||
| Disposal Date | 04-07-2022 | Diposal Type | DISPOSED OF NO COSTS | ||||||||||||||||||||||||
| Purpose | FOR ORDERS | Scrutiny Officer name | bm | ||||||||||||||||||||||||
| Hon'ble Judges | The Honourable DR Justice K MANMADHA RAO | ||||||||||||||||||||||||||
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| Category | WP | Sub Category | EDUCATION (MISC.MATTERS) | ||||||||||||||||||||||||
| Sub Sub Category | - | ||||||||||||||||||||||||||
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WP 10762/2021 Previous Station Points for Rationalization effected Teachers Order Copy | |||||||||||||||||||||||||||
| Pleased to issue a Writ order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in Rc No 13029/40/2021EST3 dated 30032021 in rejecting the claim of the petitioners for seeking revision of they transfers for calculation of previous station points in addition to the present station points according's to G O Ms No 54 dt 12102020 as illegal arbitrary violation of principles of natural justice and contrary to G O Ms No 54 dt 12102020 and in quite violation of the orders of this Hon'ble court W P No 22026 of 2020 dt 25112020 and subsequent Writ Petition and also the orders in W P No 5077 of 2021 dt 020320201 and set aside the same and consequently direct the respondents to review the transfers of the petitioners by taking into consideration their previous station points in addition to the present station points and post them according to their revised points and pass | |||||||||||||||||||||||||||
WP 10762/2021 PRIMARY DETAILS Explanation in Telugu
రేషనలైజేషన్ 2020 వల్ల నష్టపోయిన వారు గౌరవ హైకోర్టు డైరెక్షన్ W.P.No.22026 dt.25/11/2020 ద్వారా పాత స్టేషన్ పాయింట్లు పొంది న్యాయం పొందడం జరిగింది. కానీ సమయానికి న్యాయ స్థానాన్ని ఆశ్రయించలేకపోయిన టీచర్లు G.O.Ms.No.54 dt.12/10/2020 లోని 19&20 క్లాజు ఆధారంగా పాత స్టేషన్ పాయింట్లు కేటాయించి బదిలీ ఆర్డర్ ను రివ్యూ చేయమని జనవరి 2021లో DEO లకు, RJD లకు అప్పీలు చేయడం జరిగింది. ఆ తరువాత high court ను ఆశ్రయించగా W.P.No.5077 dt.02/03/2021 ఆర్డర్ ద్వారా ఈ ఉపాధ్యాయుల బదిలీ ఉత్తర్వులను Review చేయమని ఆదేశించింది.
అయితే బదిలీల ప్రక్రియ 14/01/2021 న పూర్తీ చేసినందున ఈ ఉపాధ్యాయుల బదిలీ ఉత్తర్వులు సవరించలేమని గౌరవ CSE వారు Proceedings R.C.No.13029/40/2021-EST-3 dt.30/03/2021 ఇచ్చి , అప్పీలు తిరస్కరించగా , మరలా ఈ proceedings పై ఈ ఉపాధ్యాయులు గౌరవ హైకోర్టును ఆశ్రయించగా, W.P.No.10762 dt.04/07/2022 న గౌరవ CSE వారు ఇచ్చిన proceedings R.C.No.13029 dt.30.03.2021 ఉత్తర్వులు సహజ న్యాయ సూత్రాలకు విరుద్ధంగా ఉన్నాయని ఈ proceedings ను కొట్టివేస్తూ, 4 వారాల లోపు వీరి అప్పీలును ఖచ్చితంగా Re consider చేయాలని గౌరవ హైకోర్టు 04/07/2022 న మరలా ఆదేశాలు ఇవ్వడం జరిగింది
WRIT PETITION No. 10762 of 2021 ORDER
This writ petition is filed under Article 226 of the Constitution of India for the following relief:-
- “to issue a Writ order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in Rc.No.13029/40/2021-EST-3, dated 30.03.2021 in rejecting the claim of the petitioners for seeking revision of their transfers for calculation of previous station points in addition to the present station points according to G.O.Ms.No.54, dated 12.10.2020, as illegal, arbitrary, violation of principles of natural justice and contrary to G.O.Ms.No.54, dated 12.10.2020 and in quite violation of the orders of this Honble Court W.P.No.22026 of 2020, dated 25.11.2020 and subsequent Writ Petition and also the orders in W.P.No.5077 of 2021, dated 02.03.20201 and set aside the same and consequently direct the respondents to review the transfers of the petitioners by taking into consideration their previous station points in addition to the present station points and post them according to their revised points and to grant such other or further orders…….”
The Government of Andhra Pradesh, School Education (Services-II) Department issued G.O.Ms.No.54, dated 12.10.2020, under Andhra Pradesh Education Act, 1982 in order to facilitate and regulate the transfers of Teachers and Headmasters Grade-II, working in Government/ZPP/MPP schools in Andhra Pradesh. The Government has also issued Transfer Guidelines along with G.O.Ms.No.54, dated 12.10.2020 and called for applications from the eligible candidates through Online system. Accordingly, the District Educational Officers of all Districts of A.P. issued District wise provisional Seniority list as per the records available with them.
As per Rule 8 of G.O.Ms.No.54, dated 12.10.2020, reapportion points, the Grade-II Headmaster and Teachers, who are affected reapportion are eligible for extra 5 points over and above already secured points. As per Rule 6 of the above G.O., with regard to entitlement points, common points, the entitlement points shall be awarded to the Teachers for the service rendered in the present school points. Rule 6 of the said guidelines, as under:
“6. Entitlement Points – Common Points
Entitlement points shall be awarded to the Headmaster Gr.II/ Teachers service rendered in the Points present School, Category as on 1str October of the year in which transfers are to be taken up in the following manner:- (i) (a) For every year of service in category IV areas 5
- (b) for every year of service in category III areas 3
- (c) for every year of service in category II areas 2
- (d) for every year of service in category I areas 1
(ii) After the last date for applying for transfers as per Schedule, the seniority list shall be prepared, using software for generating the entitlement points management wise, category wise, subject wise, medium wise and the seniority list with entitlement points shall be published in the website specified for the purpose and also on the notice board of District Educational Officer/Regional Joint Director of School Education.”
The District Educational Officers after receipt of the objections if any from the individuals has to verify all the objections and pass orders in accordance with the guidelines framed by the Government. In as much as, the guideline No.14(i) and (ii) says about the objections and after passing orders only, the District Educational Officers has to made necessary corrections if any in Seniority List and publish the same on website. The Guideline No.17 i.e., issue of Transfer Orders, 17(i) says that “the competent authorities concerned shall issue posting orders to all the HMs/Teachers of one category in one proceedings only, duly enclosing the names of the teachers transferred and places of postings on transfer in one annexure. Earlier, the petitioners have filed W.P.No.5077 of 2021 before this Court along with others seeking declaring the action of the respondents in not considering their applications seeking for revision of their transfers for calculation of previous station points in addition to the present station points as illegal, contrary to the orders of the Court dated 25.11.2020 in W.P.No.22026 of 2020 and Batch and this Court vide order dated 25.02.2021 disposed of the writ petition directed to follow the guidelines issued in G.O.Ms.No.54, dated 12.10.2020 and as such the impugned order dated 30.03.2021 is liable to be set aside. Hence, the petitioners have filed the present writ petition claiming the relief as stated above.
3. Counter affidavit is filed by the 2nd respondent denying all the averments made in the petition and contended that the present writ petition is not maintainable under law and the same is devoid of merits. Admittedly after completion of the entire exercise, the petitioners have filed an application on 16.02.2021 after closure of the entire exercise of transfer counseling. The guidelines issued at point No.6 of G.O.Ms.No.54, dated 12.10.2020 have already stated by the petitioners in their affidavit. As per the guidelines of the above G.O., the entitlement points have been awarded to the Headmasters/Teachers for their service rendered in their present school category as on 1st October of the year only. It is true one Smt Vishnabhatla Malathi, SA(Maths). ZPHS, Perali village, Karlapalem Mandal, Guntur District and another have filed W.P.No.22026 of 2020 before this Court and on 23.11.2020 this Court directed the respondents to consider the claim of the petitioners for counting entitlements points from the previous stations i.e., MPPS, Parisavaripalem Village land MPPS, Karlapalem instead of present station or continue the petitioners in the present place pending disposal of the main writ petition. Later, on 25.11.2020 this Court granted interim direction, directed the 4th respondent therein to consider and award points, which the petitioners are entitled to, having regard to the performance of the duties at the places, where they worked earlier and also the present place and for the purpose of counseling the points so obtained , shall be taken in to consideration. Accordingly, the 4th respondent therein implemented the orders of this Court.
It is relevant to state that an amendment was brought to G.O.Ms.No.54, dated 12.10.2020 vide G.O.Ms.No.59 dated 24.11.2020. As per the said G.O., a revised schedule was issued for conducting of transfer counselling of teachers and Headmasters in which provision is provided for redressal of objections/grievances on the provisional seniority list provided in the respective DEOs website. The Web counselling was completed on 14.01.2021 for all the districts as per the guidelines of G.O.Ms.No.54, and 75,882 teachers have applied for transfers through Online. It is true, vide this office Procs.Rc.No.13029/40/2021-EST3, dated 30.03.2021 their request was rejected informing that transfer counselling was completed on 14.01.2021 as per the said G.O.Ms.No.54 and the same is self explanatory in nature. The process of transfer cannot be continued for unlimited period, which may adversely affect the administration of the school education department, more particularly before the examinations as the same effect the interest of children at large. It is submitted that the impugned order dated 30.03.2021 in rejecting the request of the petitioners to consider their request for awarding entitlement points of their previous working schools after completion of transfer counseling i.e., 14.01.2021 is appropriate. Since, if the request of the petitioners is then considered i.e., after completion of transfer counseling will attract a multiple number of legal complications against the department and will distract the functioning of the administration and as far as the transfer counseling made in accordance with the guidelines issued as per G.O.Ms.No.54 and there is no deviation happened in implementing the guidelines issued by the Government.
4. Reply affidavit is filed by the petitioners while reiterating the contents made in the counter affidavit and contended that the petitioners herein are fully eligible and entitled for transfer and accordingly submitted their applications through Online as their cases fall under transfer guidelines vide G.O.Ms.No.53 and 54, dated 12.10.2020. The fact remains that the writ petitions, which were filed against the transfers raising several issues, but those petitions were dismissed and the transfers were affected and accordingly vacant posts arose. Subsequently, the petitioners have submitted an appeal against het transfer/posting orders to review their transfer orders and also requesting to consider their transfers in the present existing vacancies in terms of the transfer guidelines issued under G.O.Ms.No.54 dated 12.10.2020. But the 2nd respondent without considering the grounds raised by the petitioners herein, rejected their claim stating that the transfer counselling is closed. It is relevant to submit that in the present case on hand, the 2nd respondent has issued the impugned proceedings dated 30.03.2021 rejected the appeal of the petitioners on the ground that the transferring counselling completed on 14.01.2021 itself, which is illegal and arbitrary.
5. Heard Mr. G.V.L. Murthy, learned counsel appearing for the petitioners and learned Government Pleader for School Education appearing for the respondents.
6. During hearing, learned counsel for the petitioners reiterated the contentions urged in the writ petition and whereas learned Government Pleader requested to pass appropriate orders keeping in view the Guidelines 19 and 20 of G.O.Ms.No.54, dated 12.10.2020.
7. On hearing this Court observed that according to guidelines annexed to G.O.Ms.No.54, dated 12.10.2020, more particularly, Guidelines 19 and 20 deals with Appeal and Revision. According to Guideline 19,
(i) An appeal against the orders of the District Educational Officer shall lie with the Regional Joint Director of School Education concerned, and an appeal against the orders of the Regional Joint Director of School Education shall lie with the Commissioner of School Education such appeal should be submitted within 10 days;
(ii) All such appeals shall be disposed off by the Appellate authorities concerned within 15 days from the date of receipt of the appeal;
(iii) The teachers who have any grievance on the transfer counselling should avail all levels of appeal provisions before going for legal remedies.
8. According to Guideline 20
8. According to Guideline 20
(i) The Director of School Education may either suo-motto or on an application received from any person aggrieved by the orders of the Transfers Committee may call for and examine the records in respect of any proceedings of transfer to satisfy himself about its regularity, legality or propriety. If in any case, it appears to him that any such proceedings should be revised, modified, annulled or reversed or remitted for reconsideration, he may pass order accordingly or remand the case with any direction so as to rectify be implemented by the authority concerned; (ii) The Director of School Education may stay the implementation of any such proceedings, pending exercise of its powers under guideline 29(i) above
(ii) Revision exercise and issue of orders shall be completed within 4 weeks from the date of issue of the transfer orders. No extension shall be permissible.
9. In view of these two Guidelines, an appeal can be filed within ten (10) days from the date of effecting transfer orders and Revision shall be disposed of within four (04) weeks from the date of issue of such transfer orders, but closure of transfer counselling is not a ground to reject the appeal or revision filed under Guidelines 19 and 20 of G.O.Ms.No.54, dated 12.10.2020. Therefore, the impugned order, dated 30.03.2021 issued by the 2nd respondent is illegal and arbitrary and the same is hereby declared as violative of principles of natural justice.
10. Having regard to the facts and circumstances of the case and in view of the foregoing discussion, this Court deems it fit to dispose of the writ petition by setting aside the impugned order vide Rc.No.13029/ 40/2021-EST-3, dated 30.03.202, issued by the 2nd respondent. Further, the 2nd respondent is directed to dispose of the appeal/revision filed by the petitioners strictly adhering to Guidelines 19 and 20 of G.O.Ms.No.54, dated 12.10.2020 within a period of four (04) weeks from the date of receipt of a copy of this order.
11. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.
As a sequel, all the pending miscellaneous applications shall stand closed.
9. In view of these two Guidelines, an appeal can be filed within ten (10) days from the date of effecting transfer orders and Revision shall be disposed of within four (04) weeks from the date of issue of such transfer orders, but closure of transfer counselling is not a ground to reject the appeal or revision filed under Guidelines 19 and 20 of G.O.Ms.No.54, dated 12.10.2020. Therefore, the impugned order, dated 30.03.2021 issued by the 2nd respondent is illegal and arbitrary and the same is hereby declared as violative of principles of natural justice.
10. Having regard to the facts and circumstances of the case and in view of the foregoing discussion, this Court deems it fit to dispose of the writ petition by setting aside the impugned order vide Rc.No.13029/ 40/2021-EST-3, dated 30.03.202, issued by the 2nd respondent. Further, the 2nd respondent is directed to dispose of the appeal/revision filed by the petitioners strictly adhering to Guidelines 19 and 20 of G.O.Ms.No.54, dated 12.10.2020 within a period of four (04) weeks from the date of receipt of a copy of this order.
11. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.
As a sequel, all the pending miscellaneous applications shall stand closed.
