Allowed

K.Padmavathi v. the State of Andhra Pradesh

Andhra Pradesh HC13 Sept 2022WP/17143/2022

Case brief

AI extract

What is this about?

This High Court declared illegal and arbitrary the order blocking Category-I and II vacancies during inter-district transfer counseling for teachers. The court directed the respondent to display these vacancies and place the petitioners at their opted locations based on eligibility.

What did the court decide?

Respondents directed to display Category-I and II vacancies and place petitioners at opted places considering eligibility.

K.Padmavathi Vs the State of Andhra Pradesh — Service and Employment | Andhra Pradesh HC (2022)

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THE HON’BLE Dr.JUSTICE K. MANMADHA RAO

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WRIT PETITION No.17143 of 2022

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ORDER:-

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This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:

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…..to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent No.2 in issuing proceedings in Rc.No.ESE02-13029/71/2020-EST #-CSE, dated 11.05.2022 to extent that it states that not to display the vacancies existing in Category-I & II and blocked vacancies which effecting Inter district transfers in respect of Head Master and teachers on mutual and spouse categories as per G.O.Ms.No.60, School Education (Ser.II) Department, dated 19.04.2022 as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and G.O.Rt.No.65, School Education (Ser.II), Department 28.04.2022 and consequently direct the respondents to display all the vacancies including the vacancies existing in Category-1 and II and blocked vacancies for counseling being conducted for Inter District Transfers in respect of teachers on mutual and Spouse grounds and pass such other orders.”

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Heard Mr. M. Srikanth, learned counsel for the petitioners

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and learned Government Pleader, School Education for the respondents.

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The brief facts of the case are that the petitioners are working as Teachers under the control of School Education working in respective schools. The Government issued G.O.Ms.No.60, School Education (Ser.II), dated 19.04.2022 and

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G.O.Rt.No.65, School Education (Ser.II), Department dated 28.04.2022 directing that Inter District Transfers of 527 teachers and Head Masters on spouse and mutual grounds in accordance with the Presidential Order. Wherein the names of the petitioners shown at S.No.161, 179 and 81 respectively. Therefore we requested for transfer on mutual grounds. The 2^nd respondent issued impugned proceedings dated 11.05.2022 directing the concerned not to display the vacancies existing in category-I and II and blocked the vacancies and any court cases are pending. But the petitioners have no issues against the vacancies, which are blocked and pending court cases, but unfortunately the respondents blocked the vacancies in other existing vacancies in Category-I and II, which is illegal and arbitrary. The petitioners made representation to the 2^nd respondent, but no action initiated. Hence inaction of the respondents is questioned in this writ petition.

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The 2^nd respondent filed counter-affidavit denying all material averments made in the writ petition and mainly contended that the Government vide Memo No. 1225245/Services.II/A.2/2020, dated 11.12.2020 has directed the Director of School Education, A.P to furnish inter-district

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transfer proposals on spouse and mutual grounds on request. Accordingly all the District Educational Officers in the State have furnished the proposals in respect of the Teachers and Head Masters working under their respective jurisdiction vide letter dated 14.09.2021 to the Government. Accordingly instructions were issued to all the District Educational Officers vide proceedings dated 11.05.2022 to conduct transfer counseling to the teachers transferred under Inter District Transfer duly displaying the vacancies aroused after 1^st October, 2020, No Teacher Schools and Category III/IV schools as per requirement basing on the ‘Teacher Pupil Ration’. The main motive of the permission to Inter District transfers is to provide opportunity to the individual to work at spouse working District. After Inter District Transfers, the teachers will be posted to the schools where there is a need through counseling keeping in view of the larger interest of the students in the District. Accordingly the Department has issued guidelines to notify the vacancies of Category III & IV, in such a way that, rural areas students shall not suffer their education due to lack of teachers. Further the vacancies of Category-I and II (urban areas) will be shown only after the vacancies of Category-III and IV exhausted.

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It is further contended that the petitioners have opted for Inter District transfers under spouse grounds at their wish and also subject to the condition to take last rank in the new unit. Accordingly the petitioners were posted in the vacancies of Category III and IV without deviation of the statutory norms. However it is open for the petitioners to participate in the ensuing transfer counseling along with the other Head Masters/ Teachers and can opt their desired place as per their eligibility. Therefore the petitioners are not entitled for the relief as claimed in the writ petition and same is liable to be dismissed.

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During hearing learned counsel for the petitioners reiterated the contents urged in the writ petition. Whereas learned Government Pleader for the respondents vehemently opposed to grant relief in favour of the petitioners by taking into consideration of the reasons mentioned in the counter-affidavit.

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The G.O.Rt.No.60, School Education (SER.II) Department, dated 19.04.2022, which reads as follows:

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“3. Government, after careful examination of the matter, hereby order to effect the Inter District Transfer of (527) Teachers and Head Masters including (187) on spouse grounds under 5(2)(c) and (340) on mutual grounds under 5(2)(d) of Presidential Orders, at Annexure-I and Annexure-II, respectively appended to this G.O, subject to assign last rank

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next to the last regular candidates in the new units of appointment.”

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Pursuant to the said G.O, the Commissioner of School Education issued proceedings dated 11.05.2022 stating that the District Educational Officer should conduct the counseling for posting of the teachers transferred under Inter District Transfer on 15.05.2022 and the posting orders should be issued immediately after counseling. Further at Sl.No.5 it is mentioned in the proceedings dated 11.05.2022 the counseling should be conducted to the teachers transferred on Spouse Grounds first and then to the teachers transferred under Mutual Grounds and Ex-Servicemen category based on seniority, which is not dispute now.

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With regard to Sl.No.7 it is mentioned in the proceedings dated 11.05.2022 that “ Not to display the vacancies existing in Category-I & II, Blocked Vacancies and any court cases pending (i.e Municipal Cases etc.,) which is under challenged in this writ petition.

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Learned counsel for the petitioners placed on record the “Clear Vacancy Proforma –As on 01.06.2022”, which shows that there existed clear vacancy in the respective placed opted by the

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petitioners. Further it is contended that the petitioners are working in different places and their spouses are working in Government Departments in different capacities, though there are clear vacancies are available, the respondents have not shown all the vacancies, whereunder the petitioners could have chosen the nearest places of their spouses now by virtue of transfer effected in the present stations, where the petitioners are working in far away than the places of their spouses. Therefore, the petitioners were deprived to choosing the places of their spouses.

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This Court finds that though there is clear existing vacancy available in various places, such places are not reflected in the list of vacancies. The respondents ought to have shown the same while conducting counseling, but which is blocked without assigning any reasons. Therefore the petitioners would be deprived of their legitimate right to choose near place of their respective spouses. Therefore the present writ petition is filed questioning the inaction of the respondents.

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No doubt, there existed clear vacancy in so many places, which is blocked in Category-I and II, while effecting Inter District transfers as proceedings dated 11.05.2022, which is

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illegal and arbitrary to that extent. Therefore it is made clear that the respondents without assigning proper and justifiable cause issued impugned proceedings dated 11.05.2022 with a direction not to display the existing vacancies in Category-I and II and blocked the same, while effecting Inter District transfers in respect of Head Masters and Teachers on mutual and spouse categories is contrary to the G.Os and is declared as highly illegal and arbitrary.

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However, the 2^nd respondent clearly stated in its own counter-affidavit that it is always open for the petitioners, as per rules, to participate in the ensuing transfer counseling along with the other Head Masters/ Teachers and they can choose their desired placed as per their eligibility. Moreover, the request of the petitioners is very limited to display all the vacancies existing.

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Under this scenario, this Court directed the respondents to display the existing vacancies in Category-I and II, while effecting Inter District transfers in respect of Head Masters and Teachers on mutual and spouse categories and further directed the respondents to place the petitioners at their opted places by

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taking into consideration of their eligibility criteria in the counseling strictly in accordance with law.

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