Dismissed

Konakalla Reddimma v. The State of Andhra Pradesh

Andhra Pradesh HC5 Dec 2019WP/13332/2019

Case brief

AI extract

What is this about?

Court disposed of a writ petition challenging the cancellation of promotion orders and change of posting. Petitioner was promoted but transferred to a different location due to complaints from teachers' unions. Court held there were no grounds to interfere and clarified the alternative remedy of appeal.

What did the court decide?

Writ petition dismissed; petitioner directed to avail alternative remedy of appeal before Regional Joint Director of School Education.

Konakalla Reddimma Vs The State of… — Pension and Retirement Benefits | Andhra Pradesh HC (2019)

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KVL, J WP No.13332 of 2019

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HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI

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Writ Petition No.13332 of 2019

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ORDER:

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This writ petition is filed questioning the proceedings dated 09.09.2019 issued by the 2^nd respondent cancelling the promotion orders dated 30.08.2019 by changing the place of posting, as illegal and arbitrary’.

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Case of the petitioner is that, she is working as Secondary Grade Teacher at MPPS, K.Nagar, Tadigadapa, Penamaluru Mandal; the 1^st respondent issued proceedings dated 30.08.2019 promoting the petitioner and five other persons as PS HM (LFLHM) of Class-II and posting them at the places shown in the column No.E of the Annexure; the said proceedings show that they were promoted to the said post despite of their absence during the counseling in the light of the orders passed by the APAT in OA No.2470 of 2018 dated 21.12.2018 and also subject to outcome of OA Nos.2670, 2671 and 2470 of 2018; petitioner was promoted and transferred to MP PS, Yanamalakuduru CB; since there is a ban on transfers, the 2^nd respondent has introduced dubious method to circumvent the same and to accommodate a third party; impugned proceedings dated 09.09.2019 were issued modifying the earlier proceedings dated 30.08.2019 by posting the petitioner separately at Vatsavai Mandal; except the petitioner, the other persons, who were promoted along with the petitioner vide proceedings dated 30.08.2019 have not been disturbed; the impugned proceedings does not show as to why the proceedings dated 30.08.2019 were modified; pursuant to the orders dated 30.08.2019, petitioner already joined at Yanamalakuduru

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KVL, J WP No.13332 of 2019

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on 07.09.2019; no notice was issued to the petitioner before cancelling the proceedings dated 30.08.2019. Hence, the writ petition.

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When the matter came up for admission on 11.09.2019, an interim direction was passed directing the respondents not to relieve the petitioner from Yanamalakuduru.

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Counter-affidavit has been filed by the 2^nd respondent stating inter-alia that various teachers unions (FAPTO), Krishna District unit has made a complaint against the allotment of the petitioner to MP PS, Yanamalakuduru; they also issued Dharna notice on 09.09.2019 against the allotment of the petitioner; it is also stated that to maintain smooth administration in the District, another place i.e., MP PS 3^rd Ward, Vatsavai was allotted to the petitioner; in the promotion orders, it is specifically stated that the candidate has to accept the present place of posting subject to review at any time.

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Learned Government Pleader appearing for the respondents submits that vide G.O.Ms.No.32 School Education (Ser.II) Department, dated 04.06.2019, rules have been issued with regard to transfers; according to Clause 21 of the said Rules, an appeal lies against the orders of the District Educational Officer/District Level Committee with the Regional Joint Director of School Education and further appeal lies against the orders of the Regional Joint Director with the Commissioner of School Education and that the petitioner is at liberty to avail alternative remedy of appeal before the Regional Joint Director of School Education.

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As seen from the record, promotion order itself shows that the candidate has to accept the place of posting. As seen from the counteraffidavit, various teachers unions have given complaint against allotment

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KVL, J WP No.13332 of 2019

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of the petitioner to Yanamalakuduru; in view of the same to maintain smooth administration in the district, another place was allotted to the petitioner. Apart from that, as contended by the learned Government Pleader, as per the guidelines issued in G.O.Ms.No.32 dated 04.06.2017, if the petitioner has got any grievance against the orders of the District Educational Officer, she can avail the alternative remedy of appeal before the Regional Joint Director of School Education.

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In view of the facts and circumstances of the case, there are no grounds to interfere with the impugned proceedings dated 09.09.2019 issued by the 2^nd respondent. However, petitioner is at liberty to avail alternative remedy of appeal before the Regional Joint Director of School Education against the orders of the District Educational Officer.

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The writ petition is, accordingly, disposed of. No order as to costs. Miscellaneous petitions, if any, pending in the writ petition shall stand closed.

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__________________________ KONGARA VIJAYA LAKSHMI, J

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Date: 05.12.2019 BSS

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KVL, J WP No.13332 of 2019

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HON'BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI

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Writ Petition No.13332 of 2019

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150

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Date: 05.12.2019

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BSS

Konakalla Reddimma v. The State of Andhra Pradesh

Case brief

What is this about?

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Konakalla Reddimma v. The State of Andhra Pradesh

Case brief

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