THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.4991 OF 2021
ORDER:-
This Writ Petition is filed under Article 226 of the
Constitution of India seeking the 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 considering the appeal filed by the petitioner
challenging the transfer orders issued by the respondent No.4 and further declare the action of the respondents in not calculating previous stations points including the present station points at the time of transfer counseling as illegal, arbitrary, unjust, improper, discriminatory, contrary to the judgment of the Hon'ble High Court dated 15.12.2020 in W.P.No.22857 of 2020 and other Batch cases and in violation of principles of natural justice guaranteed under Articles 14, 16 and 21 of the Constitution of India and consequently direct the respondents to consider the claim of the petitioner by adding previous station points in addition to the present station points by duly considering the Appeal dated 30.01.2021 submitted by the petitioner and to pass......"
2. Heard Sri G.V.L. Murthy, learned counsel for the petitioner, and the learned Government Pleader for Education appearing for the respondents.
3. Case of the petitioner is that she worked as a Secondary Grade Teacher in M.P.P. School., Brundavanam, Mundlamuru Mandal, Prakasam District. Now, she is transferred to M.P.P.School, Rajupalem, Marripudi Mandal, Prakasam District as Secondary Grade Teacher due to re-appropriation without completing three years. Her husband - Sri Polu Malyadri Reddy is working as a School Assistant in Government High School, Darsi. In her transfer, the authorities have not taken into account the points secured by her in the old station and the spouse category, as per Government Orders. She has also given web option under 2 spouse category to the nearest mandal where her husband is working. The present transferred place is nearly 65 kms., away from the place of her husband's working place and there is no proper transport facility. Hence, she requests to issue necessary orders to transfer her to the nearest Mandal Parishad Schools where her husband is working by considering the points secured by her in the old station i.e., to Darsi, Podili, Thalluru or Chimakurthi. Thereupon, she submitted a representation, dated 01.02.2021, to the Regional Joint Director, School Education Department, Guntur through proper channel but it is pending for consideration for the last many days and therefore, she requested to issue a direction as stated above declaring the same as illegal and arbitrary.
4. During hearing, Sri G.V.L. Murthy, learned counsel for the petitioner, reiterated the contentions while contending that it is purely a technical aspect and on account of such technical defect, the denial of posting at a particular place is illegal and requested to set aside the same.
5. Learned Government Pleader for Education appearing for the respondents requested to issue necessary direction to the Regional Joint Director to treat the representation sent through proper channel on 01.02.2021 as an appeal under Clause 19 of G.O.Ms.No.54, School Education (SERVICES.II) Department, dated 12.10.2020.
6. In view of the representation made by the learned counsel for the petitioner and recording the submission of the learned Government Pleader for Education, I find that it is a fit case to direct respondent No.3 - Regional Joint Director to treat the 3 representation sent through proper channel on 01.02.2021 as an appeal in terms of Clause 19 of G.O.Ms.No.54, School Education (SERVICES.II) Department, dated 12.10.2020, and dispose of the same in accordance with law within one month from today.
7. With the above direction, the Writ Petition is disposed of at the stage of admission with the consent of both the learned counsel. There shall be no order as to costs.
Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.
_________________________________________ JUSTICE M.SATYANARAYANA MURTHY Date : 1.3.2021 AMD 4 37 THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION No.4991 OF 2021 Date : 1.3.2021 AMD