P Suresh Kumar vs State Of Andhra. Pradesh - Order(1) - Unknown Date

HIGH COURT OF ANDHRA PRADESH

MAIN CASE No: W.P.No.7818 of 2022

SL.	DATE	ORDER	OFFICE
NO.			NOTE
1.	29.03.2022	BKM, J<br>W.P.No.7818 of 2022
		Heard the learned counsel for the
		petitioners<br>and<br>the<br>learned<br>Assistant
		Government Pleader for School Education
		for the respondents.
		The<br>counsel<br>for<br>the<br>petitioners
		submits that the petitioners are working in
		aided schools as Secondary Grade Teachers
		and School Assistants. While so, under
		G.O.Ms.No.50,<br>School<br>Education<br>(PS)
		Department dated 17.08.2021 and Memo
		No.1379144/PS/2021<br>dated<br>13.10.2021
		they have exercised options for place of
		posting on transfer.<br>The grievance of the
		petitioners in this writ petition is that the
		vacancies are not shown in the web based
		counselling for the purpose of exercising
		their options and without framing transfer
		guidelines, the transfers are going to be
		effected. However with the options given as
		per the schedule the petitioners exercised
		their<br>web<br>options<br>and<br>waiting<br>for<br>the
		process to go on for the purpose of receiving
		places of postings by way of transfer.
		On<br>the<br>other<br>hand,<br>the<br>learned
		Assistant<br>Government<br>Pleader<br>on<br>his

PROCEEDINGS SHEET

SL.	ORDER	OFFICE
NO.		NOTE
	instructions furnished submitted that the
	petitioners<br>have<br>already<br>exercised<br>their
	options through Online with their respective
	logins and some of the petitioners may be
	allotted/transferred to the places of their
	choices<br>basing<br>upon<br>their seniority<br>and
	subject to the availability of vacancies.<br>He
	further<br>submits<br>that<br>the<br>instructions<br>in
	Memo dated 13.10.2021 are applicable only
	for temporary adjustments of the Aided staff
	till<br>the<br>process<br>of<br>web<br>counselling<br>is
	completed and the petitioners are permitted
	to continue in the same aided schools till
	completion<br>of<br>the<br>process<br>of<br>web
	counselling for regular postings and hence,
	the temporary adjustment instructions are
	not applicable for the web counselling as per
	the above said instructions.
	Whereas as per G.O.Ms.No.50 dated
	17.08.2021 at para 4(A) and (B) of the said
	G.O.<br>the<br>Government<br>will<br>absorb<br>the
	existing aided staff of such aided institutions
	into Government/Local body institutions
	by duly framing the rules for their service
	and other purposes.<br>For the purpose of
	implementation of the above said G.O., the
	Government issued another Memo dated
	13.10.2021<br>wherein<br>at<br>para<br>'E',<br>it<br>is
	categorically stated as follows:
	"E. While the willing aided staff who<br>have reported to Government for absorption are

SL.	ORDER	OFFICE
NO.		NOTE
	waiting for the commencement of web counselling<br>process for regular postings, the staff shall be<br>attached on temporary adjustment basis to any<br>Government/Local body institutions including<br>Municipal Management in the order of priority of<br>within the Neighbourhood / School Complex /<br>Mandal /Municipality / Municipal Corporation<br>/ Adjacent Mandals and it may be noted that:<br>(i)<br>This<br>process<br>is<br>temporary<br>only.<br>Necessary guidelines will be issued later<br>for web counselling process for regular<br>postings<br>to<br>these<br>staff<br>into<br>Government/Local<br>body<br>institutions<br>including Municipal Management.
	(ii) Meanwhile, the salaries of the staff<br>reported from the Aided Schools to the<br>District<br>Educational<br>Officer<br>shall<br>be<br>drawn from the same Head of Account of<br>the<br>aided<br>school<br>by<br>the<br>Mandal<br>Educational Officer / Deputy Inspector of<br>Schools till the counselling and regular<br>posting is completed for this purpose.
	(iii) With regard to the non-teaching staff,<br>they shall be adjusted against the existing<br>vacancies in the order or priority of the<br>Government<br>High<br>Schools<br>within<br>the<br>mandal/within the division/within the<br>district/office<br>of<br>Deputy<br>Inspector<br>of<br>Schools/Office<br>of<br>Deputy<br>Education<br>Officer/District<br>Institute<br>of<br>Education<br>and Training/IASE/College of Teacher<br>Education/College of Physical Education<br>Training/ Offices of District Education<br>Officer/Offices of Regional Joint Director,<br>School<br>Education/Office<br>of<br>Director,<br>School Education."
	Even as per the above said relevant
	paragraphs this process is temporary only
	and necessary guidelines will be issued later
	for the web counselling purpose for regular

SL.<br>NO.	DATE	ORDER	OFFICE<br>NOTE
		postings for the staff members in order to
		accommodate either into Government or
		Local<br>body<br>institutions<br>including<br>Local
		Municipal Corporations. Hence in view of
		the<br>above<br>said<br>provisions<br>of<br>the
		G.O.Ms.No.50<br>dated<br>17.08.2021<br>and
		Memo dated 13.10.2021 the respondents are
		at liberty to proceed with the process of
		transfers and places of postings for the
		petitioners as per the schedule and the
		places of postings/transfers/reshuffling of
		the<br>petitioners<br>shall<br>be<br>subject<br>to<br>the
		outcome of this writ petition.
		The cases of the petitioners can also
		be considered before effecting the above said
		transfers/reshuffling if they are otherwise
		entitled for accommodation in the places of
		their options exercised subject to availability
		of vacancies in terms of the above said G.O.
		and Memo.
		List on 26.04.2022 for filing counter.<br>_________
		BKM, J<br>LMV

SL.	DATE	ORDER	OFFICE
NO.			NOTE

SL.	DATE	ORDER	OFFICE
NO.			NOTE

SL.<br>NO.	DATE	ORDER	OFFICE<br>NOTE

P Suresh Kumar vs. State Of Andhra. Pradesh

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HIGH COURT OF ANDHRA PRADESH

MAIN CASE No: W.P.No.7818 of 2022

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