IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF MARCH, TWO THOUSAND AND TWENTY TWO :PRESENT: THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 7818 OF 2022

Between:

• Grupe 1. P Suresh Kumar, S/o Radha Krishna, aged about 54 years, Occ- Secondary Grade Teacher, Jwala Pahareswara MCPS, Eluru, West Godavari District.
• 2. S Padmaja, D/o Radha Krishna Murthy, aged about 57 years, Occ- Secondary Grade Teacher, Ganganamma MC UPS, Eluru, West Godavari District.
• 3. K Venkateswara Rao, S/o K Subbarao, aged about 58 years, Occ- Secondary Grade Teacher, Eastren St HG UPS, Eluru, West Godavari District.
• 4. G Ganga Raju, S/o G Sushwara Rao, aged about 58 years, Occ- Secondary Grade Teacher, Venkateswara MCPS, Eluru, West Godavari District.
• 5. PVSM Lakshmi, D/o P Simhachalam, aged about 57 years, Occ- Secondary Grade Teacher, Eastren St MCPS, Eluru, West Godavari District.
• 6. K Bala Raju, S/o K Krishna Murthy (Late), aged about 57 years, Occ- Secondary Grade Teacher, ABM AE School, Eluru, West Godavari District.
• 7. B Santhi Sri, D/o Pundari Kakshaiah, aged about 52 years, Occ- Secondary Grade Teacher, ZPHS Satrampadu, Eluru, West Godavari District.
• 8. P Swarna Latha, D/o Radha Krishna, aged about 57 years, Occ- Secondary Grade Teacher, ICMAE School, A shop, Eluru, West Godavari District.
• 9. B Surekha Kumari, D/o Venkata Ratnam, aged about 46 years, Occ- Secondary Grade Teacher, St Theresa AGHS, Eluru, West Godavari District.
• 10. M Venkata Krishna Reddy, S/o M Venkata Reddy, aged about 44 years, Occ-Secondary Grade Teacher, V.M.R.R.Mpl Ele School, Krishna Lanka.
• 11. P Ravi Kumar, S/o P Jagannadha Rao, aged about 52 years, Occ- Secondary Grade Teacher, R.C.M, Ele School, Pezzonipet.
• 12. T.B Margareta, D/o T Eliah, aged about 43 years, Occ- Secondary Grade Teacher, Childrens Montessori, Elementary School, Punnamathota, Vijayawada- $10.$
• 13. P Setti Mohana Lakshmi, C/o S Rama Shekar, aged about 39 years, Occ-Secondary Grade Teacher, SBSRKR. Girls, High School, Gandhi Nagar.
• 14. P Vijayalakshmi, S/o P Venkateswara Rao, aged about 56 years, Occ-Secondary Grade Teacher, J.K.S.C, E.M Primary School, Vijayawada-1.

Petitioners

$132331$

AND

• 1. State of Andhra Pradesh, Rep. by its Principal Secretary to Government, School Education Department, Secretariat, Velagapudi, Amaravathi, Guntur District.
• 2. The Commissioner and Director of School Education, State of Andhra Pradesh, Ibrahimpatnam, Krishna District.
• 3. The District Educational Officer, West Godavari District at Eluru.
• 4. The District Educational Officer, Krishna District at Machilipatnam.

Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ order particularly in the nature of Writ of Mandamus or any other appropriate Writ order or direction by declaring the action of the respondents in effecting transfers vide Memo No. ESE02-18022/40/2021-PS 3-CSE, dt 17.03.2022 without framing transfer guidelines and not opening all vacancies as per Memo No. ESE02-18022/40/2021-PS 3-CSE, dt 05.02.2022 is illegal, arbitrary violation of principles of justice and contrary to the rules and regulations and set aside the counseling in so far as petitioners are concern and further direct the respondents to continue the petitioners at present places till the counseling to be held after framing transfer guidelines by showing all vacancies with all consequential benefits. IA NO: 1 OF 2022

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the

respondents to continue the petitioners in the present places by suspending Memo No. ESE02-18022/40/2021-PS 3-CSE, dt 17.03.2022, pending disposal of WP No.7818 of 2022, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri G V L Murthy, Advocate for the Petitioner, GP for School Education for the Respondents, the Court made the following. ORDER

"Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for School Education for the respondents.

The counsel for the 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, School Education (PS) Department dated 17.08.2021 and Memo No.1379144/PS/2021 dated 13.10.2021 they have exercised options for place of posting on transfer. 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 web options and waiting for the process to go on for the purpose of receiving places of postings by way of transfer.

On the other hand, the learned Assistant Government Pleader on his instructions furnished submitted that the petitioners have already exercised their options through Online with their respective logins and some of the petitioners may be allotted/transferred to the places of their choices basing upon their seniority and subject to the availability of vacancies. He further submits that the instructions in Memo dated 13.10.2021 are applicable only for temporary adjustments of the Aided staff till the process of web counselling is completed and the petitioners are permitted to continue in the same aided schools till completion of the process of 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. the Government will absorb the existing aided staff of such aided institutions into Government/Local body institutions by duly framing the rules for their service and other purposes. For the purpose of implementation of the above said G.O., the Government issued another Memo dated 13.10.2021 wherein at para 'E', it is categorically stated as follows:

"E. While the willing aided staff who have reported to Government for absorption are waiting for the commencement of web counselling process for regular postings, the staff shall be attached on temporary adjustment basis to any Government/Local body institutions including Municipal Management in the order of priority of within the Neighbourhood / School Complex / Mandal /Municipality / Municipal Corporation / Adjacent Mandals and it may be noted that:

(i) This process is temporary only. Necessary guidelines will be issued later for web counselling process for regular postings to these staff into Government/Local body institutions including Municipal Management.

(ii) Meanwhile, the salaries of the staff reported from the Aided Schools to the District Educational Officer shall be drawn from the same Head of Account of the aided school by the Mandal Educational Officer / Deputy Inspector of Schools till the counselling and regular posting is completed for this purpose.

(iii) With regard to the non-teaching staff, they shall be adjusted against the existing vacancies in the order or priority of the Government High Schools within the mandal/within the division/within the district/office of Deputy Inspector of Schools/Office of Deputy Education Officer/District Institute of Education and Training/IASE/College of Teacher Education/College of Physical Education Training/ Offices of District Education Officer/Offices of Regional Joint Director, School Education/Office of Director, 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 postings for the staff members in order to accommodate either into Government or Local body institutions including Local Municipal Corporations. Hence in view of the above said provisions of the G.O.Ms.No.50 dated 17.08.2021 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 petitioners shall be subject to 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."

Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR

SECTION OFFICER

IITRUE COPYII

To,

• 1. The Principal Secretary to Government, School Education Department, Secretariat, Velagapudi, State of Andhra Pradesh, Amaravathi, Guntur District. 2. The Commissioner and Director of School Education, State of Andhra Pradesh,
• Ibrahimpatnam, Krishna District.
• 3. The District Educational Officer, West Godavari District at Eluru.
• 4. The District Educational Officer, Krishna District at Machilipatnam. (1 to 4 by RPAD)
• 5. One CC to Sri G V L Murthy, Advocate [OPUC]
• 6. Two CCs to GP for School Education, High Court Of Andhra Pradesh. [OUT]
• 7. One spare copy

HIGH COURT BKMJ

DATED: 29/03/2022

LIST ON 26.04.2022 FOR FILING COUNTER

ORDER

WP.No.7818 of 2022

DIRECTION