Request for effecting MUNICIPAL MERGING teachers transfers through counseling by including the vacancies arose after 31.10.2020
Lr.Rc No.ESE02-13029/11/2021-EST 3-CSE-Part(l),dated:09/09/2021
V Chinaveerabhadrudu, I.A.S., Director oI School Education, ‘B-Block, Anjaneya Towers’,
The Principal Secretary to Govt., School Education department, AP Secretariat,
Ref : 1. Govt Memo.No.1479039/Ser.llI/A.2/2021, School Education (Services.II) Dept., dt 19.08.2021.
2. Representation of the President, APYSRTF, dt:24.08.2021.
In response to the reference cited, I wish to submit that, Sri Shaik Sabjeee, Hon’ble M.L.C in his representation dt:23.07.2021 addressed to the Hon’ble Minister for Education, Govt of AP has stated that, the teachers working in Municipal located area schools got exemption from compulsory transfer through Hon’ble High Court and presently those teachers are under compulsory transfer.
In the reference 2nd cited, the President, APYSRTF, Amaravati in his representation has requested to show only vacancies left over as per G.O.Ms.No.54, Dt.12.10.2020 for conduct of ensuing fresh counseling to the teachers working in schools located in municipal areas and approad1ed Hon’ble High Court as the vacancies of said teachers are not shown to 70,000 teachers applied for general transfers even though they completed 8 years of service and if the vacancies arisen after counseling are shown to these teachers, the senior teachers suffer a lot and they may approach to Hon’ble Court.
In this connection, it is submitted that:
I. The Hon’ble High Court dismissed the Writ Appeals Nos. 80,81,82,83,84,93,95,l04,105,108,129,130, 135,139, 142 and 143 of 2021 (16 WAs) filed by the teachers who are working in the schools located in Municipal limits. Further, the Hon’ble High Court in their common judgment directed the respondents to follow the submissions and concessions of the leaned Advocate General, based on instructions received, which are recorded in paragraph 20 of the present judgment.
II. At para-20, it is specified that “Learned Advocate General also submits that he received instructions from the Government to the effect that in the event of appellants being not successful in the writ appeals, they will be retained in their present places of posting until the commencement of next academic year and between 16.06.2021 and 30.06.2021, counseling will be undertaken for 411 teachers who are involved in the present writ appeals to be accommodated in the left over vacancies. The teachers have completed more than 8 years of service and that is why they have to be transferred and for this purpose, web based counseling will be taken up as per the procedure laid down in G.O.Ms.No.54 dated 12.10.2020. He submits that the teachers will be given option to choose from the left over vacancies. He concedes that as the range of options would be limited, the Department is willing to give them one more opportunity. He has submitted that there are 497 schools that have become teacher-less and the teachers in this batch of cases will be posted to those schools through counseling. Whenever the next round of general counseling is taken up, these teachers will be given one more opportunity to exercise their options in such transfer counseling, so that they would have wider range of options available including preferential categories. He has further submitted that though normally, the teacher who do not complete two years of service would not be eligible to exercise option for transfers, in the instant case, the Department is willing to give them such an option if the teachers are prepared to go and work in the teacher-less schools at present. It is f urtber submitted that consequent upon trans£ er of present batch of teacher, it will not be difficult to fill up the vacancies either on deputation or on adjustment basis.”
Ill.Accordingly, instructions have been issued to the RJDSEs/DEOs in the state to place the teachers (who have completed 8 years in same school and come under compulsory transfer but continued with Hon’ble court orders and now dismissed by the Hon’ble High Court) in the teacher less schools/single teacher needy schools in category-IV & III duly conducting manual counseling (as per the norms of G.O.Ms.No.54 dated 12-10- 2020) on 30-06-2021 vide Procs .. Rc.No.13029/11/2021-EST 3, Dt.15/06/2021.
iv Again the teachers filed Writ Petitions against the orders issued by this Office vide Procs.Rc.No.13029/11/2021-EST 3, Dt.15/06/2021.
V. the Hon’ble High Court allowed the Writ Petitions and issued orders in WP No.11631; 11469; 11470; 11734; 11913; 11959; 11994 and 12007 of 2021 as follows:- Accordingly, there shall be direction as prayed for. the action of the respondents in issuing proceedings dated 15.06.2021 limiting the counseling to categories Ill and IV is set aside. It is held to be contrary to the guidelines prescribed in G.O.Ms.No.54 and also the orders passed in W.A.No.80 of 2021 and Batch. The respondents are therefore directed to immediately carryout fresh counseling strictly in terms of G.O.Ms.No.54 and the instructions recorded in the order of Division Bench. With the above observations the Writ Petitions are allowed. No order as to costs.
VI. Accordingly, instructions have been issued to all the RJDSEs/DEOs in the state with a request to implement the orders of the Hon’ble High Court vide this Office Procs dated:31/08/2021 and scheduled was issued with effect from 6-09-2021.
VII.Further. as per Guideline 2(i)(a) of G.O.Ms.No.54 dated 12-10-2020. cutoff date for compulsory transfer is 1-10-2020 and as per Guideline ll(b) all the vacancies arising due to compulsory transfers as per guideline 2 shall be displayed. Accordingly transfers were effected through web counseling to 35,870 teachers/Headmasters Grade-TI.
v111.If other than left over vacancies i.e., vacancies arisen after 31-10-2020 are also shown to these limited 400 teachers, legal complications may arise from the teachers who got more entitlement points than these teachers as these vacancies are not shown to them during general teachers transfer counseling 2020 conducted in January. 2021.
In view of the circumstances explained above, I submit that, showng of vacancies arisen after 31-10-2020 during the fresh counselling to the teachers (who are under compulsory transfer but not effected due to court cases), is against the guidelines issued in G.0.Ms.No.54 dated 12-10-2020 and it may lead to legal complications also.
The above information is submitted for kind perusal.
Director, School Education