A school assistant challenged her non-consideration for preferential transfer category under G.O. Ms.No.187 due to parental dependency. The High Court disposed of the petition by directing the respondent to consider her fresh application after hearing.
Petitioner directed to submit fresh application; respondent to consider it after hearing within one week.
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HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No. 68 of 2023
ORDER:
The present Writ Petition is filed under Article 226 of the Constitution of India for seeking a following relief:
“…… to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not treating the petitioners as preferential category as per Guideline 8(c) of G.O. Ms.No.187 dated 10.12.2022 as illegal, arbitrary and further direct the respondents to treat the petitioners as preferential category in ongoing transfer counseling as per Guideline 8(c) of G.O.Ms.No.187 dated 10.12.2022 and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.”
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NV,J W.P.No.68 of 2023
Secondary Grade Teacher on 06.07.2019 and accordingly she joined duty on 07.07.2019 in ZPH School, Naraharipeta, Gudipala Mandal, Chittoor District. Thereafter, she was again transferred to ZPH School, Nallipeta, Baireddypalli Mandal, Chittoor District, and joined duty thereat on 15.01.2021. While so, the 1st respondent issued G.O.Ms.No.187, School Education (Services-II) Department, dated 10.12.2022, rationalizing teachers transfers by prescribing guidelines for ensuing counseling. It is also the case of the petitioner that within a span of two years, she was transferred twice and she is entitled to be continued at the present station till she completes a period of eight years of service as per Guideline 2(ii)(a) of G.O.Ms.No.187 dated 10.12.2022. Her father, who is dependent on her, is suffering from cancer and undergoing treatment at Tata Cancer Hospital, Tirupati. As per Guideline 8(c) of G.O.Ms.No.187, the teacher on whom the parents are dependent would be given preferential category. So, she made a representation dated 25.12.2022 through online grievance cell to the 4th respondent requesting to treat her under preferential category as per Guideline 8(c) of G.O.Ms.No.187 dated 10.12.2022. However, the respondents are not treating her under preferential category. Hence the writ petition.
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As a sequel thereto, interlocutory applications, if any, pending in the writ petition shall also stand closed.
____________________________________ VENKATESWARLU NIMMAGADDA, J
2nd January, 2023 cbs
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NV,J W.P.No.68 of 2023
HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
Writ Petition No. 68 of 2023
2nd January, 2023
cbs
1 issue framed by the court
Whether the petitioner is entitled to preferential category in teacher transfer counseling based on dependency.
1 provisions across 1 enactments
School Assistant (Petitioner)
Government Pleader for Services-III
Government Pleader
Venkateswarlu Nimmagadda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
