Kandula Lakshmi Kantha vs The State Of Andhra Pradesh
2021 Latest Caselaw 1218 AP

     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

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

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

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION No.4991 OF 2021

Date : 1.3.2021

AMD