R.Pradeep Kumar vs The State Of Telangana And 3 Others

  THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                     AND
        THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY



                   WRIT APPEAL No.626 of 2019


JUDGMENT:     (Per the Hon'ble the Chief Justice Satish Chandra Sharma)


     The present writ appeal is arising out of the order

dated 02.01.2019 passed by the learned Single Judge in

W.P.No.46990 of 2018.

     The facts of the case reveal that the appellant came

up   before      this     Court        being       aggrieved          by   non-

consideration of his candidature for transfer keeping in

view the counselling, which took place in May and June

2018.

     The transfer policy is on record and clause 5(b) of

the transfer policy reflects that teachers who have

completed eight years of service in a particular school as

on 31st May of the current year shall be compulsorily

transferred. At the relevant point of time, the appellant

has only completed six years of service in the relevant

school and there were as many as 179 more persons

along with the appellant seeking transfer.                        The learned

Single Judge has dismissed the writ petition on the

ground that appellant was not having eight years of

service at his present place of posting.
                              2




     The writ petition was filed in the year 2018 and now

the appellant is certainly having eight years of service as

required under the transfer policy.

     The learned Government Advocate is fair enough in

stating before this Court that as and when counselling

takes place, the case of the appellant shall certainly be

considered as the appellant has become eligible for

transfer keeping in view the transfer policy.

     Resultantly, the writ appeal stands disposed of with

a direction to the State to consider the case of the

appellant for transfer as per the transfer policy as and

when the counselling takes place in future.

     The miscellaneous applications pending in this writ

appeal, if any, shall stand closed.      There shall be no

order as to costs.


                                 ___________________________
                                  SATISH CHANDRA SHARMA, CJ




                                 ___________________________
                                    A.RAJASHEKER REDDY, J
24.11.2021

vs