Monday, April 19, 2021

Re-transfer in the places of other teachers whose places are not shown during transfers


 Rc.No.14024/13/2021-EST-3 Dated:17/04/2021.

Sub:- School Education – Representation for re-transfer in the places of other teachers whose places are not shown during transfers with respect to orders of the Hon’ble High Court, A.P. – Speaking Orders – Issued.

Read :- Representation of Syed Rahamathulla Basha, and other teachers, Rayachoti Mandal, Kadapa District, Dt: 23.03.2021.

ORDER: 

Sri Syed Rahamathulla Basha, and other teachers, Rayachoty Mandal, Kadapa District have submitted representation for the allocation of Urdu SGT posts in the Municipal area as they were senior teachers in Rayachoty Municipal area and the places in the area were not shown during the Teachers Transfers-2020 due to certain court cases.

2) Sri.Syed Rahamathulla Basha, SGT, MPUPS Urdu, Madhavaram, Rayachoty Mandal YSR Kadapa District and 12 others have fled W.P.No.5730 of 2021 in the Hon’ble High Court of A.P. and the Hon’ble court has issued orders as follows:

“In view of the these two guidelines, an appeal can be fled within 10 days from the date of efecting 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 fled under Guidelines 19 and 20 of G.O.Ms.No.54, dated 12.10.2020. Therefore, the rejection order impugned in the writ petition vide Memo No.13029/11/2021-EST 3, dated 20.02.2021 issued by the 2 nd respondent is illegal, arbitrary and the same is hereby declared as violative of Articles 14 and 16 of the Constitution of India, consequently set aside the same with a direction to the 2nd respondent to dispose of the appeal/revision fled by the petitioners strictly adhering to guideline 19/20 of G.O.Ms.No.54, dated 12.10.2020 within 15 days/four (04) weeks from today. 

With the above direction, this Writ Petition is disposed of. There shall be no order as to costs” 

3) In this connection, it is hereby informed to the individual(s) that 

 Transfer counselling is taken up basing on the guidelines issued vide G.O.Ms.No.54 dated 12-10-2020. As per the guidelines, transfers are effected through web based counselling basing on the points /preferential categories duly taking district as a unit. 

 Some places are not shown as vacancies due to interim directions of the Hon'ble High Court. 

 Transfers process was completed on 14-01-2020. Hon'ble High Court dismissed the cases fled by certain teachers obtained interim orders to continue in their schools located in Municipal limits. 

 Some of the teachers fled Writ Appeals in this regard at Hon'ble High Court. 

 The Hon'ble High Court while dismissing the Writ Appeals Nos. 80,81,82,83,84,93,95,104,105,108,129,130, 135,139, 142 and 143 of 2021 (16 WAs) fled by the teachers who are working in the schools located in Municipal limits on 01-04-2021, issued directions with regard to the said teachers. Presently, the teachers are continuing in the said schools.  Now, re-transfer of teachers in the places of other teachers whose places are not shown during transfers as per the interim orders of the Hon'ble High Court and as the said individuals are continuing in the same places, revising of transfer orders and to post them in the said vacancies is not feasible at this juncture

4) Therefore, Sri.Syed Rahamathulla Basha, SGT, MPUPS Urdu, Madhavaram, Rayachoty Mandal YSR Kadapa District and 12 others are informed that the request to re-transfer them is not feasible at this juncture as the said teachers are continuing in the same places basing on the common orders of the Hon'ble High Court dated 01- 04-2021, while dismissing the Writ Appeals fled bb the teachers.

5) Accordingly, the request of the Petitioners is considered and rejected.

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