AP High Court Orders on Re-apportion [Rationalization] Points in AP Teachers Transfers 2022 Non Mapping Schools W.P.Nos.40743, 40760, 40776, 40777, 40797 and 40909 of 2022. Even such of those persons who have not come before this Court can avail the benefit of this Order in making fresh representation as regards their entitlement which will be considered by the Authorities before approaching the Stage-4(serial-4) in Para No.6 of G.O.Ms.No.187 dated 10.12.2022. WP 40701 of 2022 AP High Court
Mapping కానివారికి కూడా మాపింగ్ అయిన వారి కి ఇచ్చిన పాయింట్లు ఇవ్వాలంటూ హై కోర్టు ఆదేశాలు. కోర్టుకు వెళ్ళని వారికి కూడా ఇవ్వాలని ఆదేశించిన ఉన్నత న్యాయస్థానం.
రెండు రోజులలో అధికారులకు రెప్రసెంట్ చేసిన వారిని కూడా పరిగణించాలని ఉన్నత న్యాయస్థానం చెప్పింది.
Heard learned Counsels of both the parties.
6. By virtue of this decision, a schedule has been issued in Para-6 of the Government Order (G.O.Ms.No.187). The Government also framed detailed guidelines and added Annexure to G.O.Ms.No.187 School Education (Services- 11) Department dated 10.12.2022.
7. Learned Counsel for the Writ Petitioners has drawn the attention of this Court to Clause-(d) of Sub-para No.(iv) of Guideline-2, which is extracted hereunder:
8. Learned Counsel for the Writ Petitioners has submitted that the present Writ Petitioners are shown as 'surplus' in the statement showing the list of posts identified as 'surplus' in the erstwhile Kurnool District (in Ex.P.5). Writ Petitioner No.1 is shown at SI.No.634 and Writ Petitioner No.2 is shown at S1.No.775 (in Ex.P.5). It is the apprehension of the Writ Petitioners that since they have been shown under 'surplus' category, the twin-benefit of counting not only five points but also old station points will not be made available to them, as the Writ Petitioners do not fall under the category of 'mapping of schools', as they were being shown as 'surplus'.
9. As this Clause-(d) of Sub-para-(iv) of Para No.2 of the Guidelines is not clear whether persons who are categorized as 'surplus' would be entitled for the twin-benefit of five points as well as the old station points.
The Court has put a query to the learned Counsel for the Respondents on this niggling issue and directed them to obtain instructions and posted the matter to post-lunch. After obtaining instructions, the learned Counsel for the Respondents has submitted that the case of the Writ Petitioners can be considered by applying Clause-(d) of Sub-p ra-(iv) of Para No.2 of the Guidelines. In any case, the instructions received by the learned Counsel for the Respondents was unclear whether th Writ Petitioners who are shown under 'surplus' category would also be given th twin-benefits.
10. The case of the Writ Petitioners is that during the earlier transfer i.e., Transfers-2020, they had the full benefit of 8 years service. Whereas, in the present situation while they have worked in the present station only for the two years, they were sought to be considered for transfer only on account of a situation which is not at their behest, but has arisen only because the Government has initiated a policy to restructure the institutions due to their own administrative exigencies.
11. In this view of the matter, this Court has opined that it does not stand to logic that only such people who come within the scope of 'mapping of schools' would alone be given the twin-benefits but the persons shown under the category of 'surplus' cannot be accorded the twin benefits. If this is the opinion of the Government to the effect that the persons who are shown under the category of 'surplus' are not to be accorded the twin-benefits namely awarding of five points plus old station points, prima-facie it appears that it would be an invidious discrimination.
12. In this view of the matter, prima-facie this Court feels that if the Writ Petitioners are sought to be transferred on account of Government exigencies, but not at the behest of the Writ Petitioners, the benefits that are to be given cannot be distinguished and they shall be given uniformly to everyone whether or not they belong to the 'surplus' category or under the category of 're-apportionment' due to 'mapping of schools'.
13. Learned Counsel for the Writ Petitioners has drawn the attention of this Court to the schedule in the G.O.Ms.No.187 School Education (Services-11) Department dated 10.12.2022. SI.No.2 of the schedule at Para No.6 of the said Government Order stipulates that the candidates who are shown in the surplus category shall have to apply for transfer in the online with self attested details between 14.12.2022 and 17.12.2022 and also indicates that the number of days given for the Writ Petitioners and other similarly situated candidates is only a period of three days and the same would get over by tomorrow i.e., 17.12.2022.
14. Having regard to the seriousness of this issue, this Court deems it appropriate to consider this matter in detail by directing all parties to file their respective pleadings.
15. List the matter on 23.12.2022.
16. In the meantime, the Respondents shall proceed with the online process as per the schedule contemplated in Para No.6 of G.O.Ms.No.187 School Education (Services-II) Department dated 10.12.2022 only upto Stage-4 (51.No.4) where the Competent Authority is to display the Provisional Seniority List based on entitlement points and submission of uploaded Objections (with proof) in the website to the Deputy Education Officer; and shall await for further Orders/Directions from this Court.
17. Since this process would end by 22.12.2022, the Respondents would do well in giving proper instructions to their learned Counsel as regards status of both the Writ Petitioners forthwith so that they can appraise this Court on 23.12.2022."
AP High Court Orders on Re-apportion [Rationalization] Points in AP Teachers Transfers 2022 Non Mapping Schools
రెండు రోజులలో అధికారులకు రెప్రసెంట్ చేసిన వారిని కూడా పరిగణించాలని ఉన్నత న్యాయస్థానం చెప్పింది.
Heard learned Counsels of both the parties.
2. Learned Counsel had drawn the attention of this Court to the Interim Order passed by this Court on 16.12.2022 in W.P.No.40701 of 2022. In the said Interim Order, this Court has given directions at Para Nos.16 and 17 and directed the matter to be listed on 23.12.2022. In the fitness of things, this Court deems it appropriate to extend the same Interim Order dated 16.12.2022 in W.P.No.40701 of 2022.
3. As this Court has given direction to proceed with the online process up to Stage-4 (Serial-4), such of those Writ Petitioners, who have not submitted any representations so far, shall submit the representations to the Competent Authority within two days from today. The Competent Authority shall consider all the representations submitted earlier by the Writ Petitioners as well as subsequent to the passing of this Order before the Stage-4(serial-4). Even such of those persons who have not come before this Court can avail the benefit of this Order in making fresh representation as regards their entitlement which will be considered by the Authorities before approaching the Stage-4(serial-4) in Para No.6 of G.O.Ms.No.187 dated 10.12.2022.
4. Tag these Writ Petitions with W.P.No.40701 of 2022.
5. List these matters on 23.12.2022.
From Point 6 of WP 40701 of 2022 of AP High court
WP 40701 of 2022 AP High Court
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 o issue an order, direction or Writ more particularly one in the nature of Writ of Mandamus or any other appropriate writ to direct the Respondents to award five points and count old station service points to the Petitioners in the present Transfer Counseling along with the merged school teachers as per Transfer Guideline o.From Point 6 of WP 40701 of 2022 of AP High court
6. By virtue of this decision, a schedule has been issued in Para-6 of the Government Order (G.O.Ms.No.187). The Government also framed detailed guidelines and added Annexure to G.O.Ms.No.187 School Education (Services- 11) Department dated 10.12.2022.
7. Learned Counsel for the Writ Petitioners has drawn the attention of this Court to Clause-(d) of Sub-para No.(iv) of Guideline-2, which is extracted hereunder:
- "In case of non-availability of (a), (b) & (c), the junior most teacher as per the service rendered in the cadre shall be shifted. He/she will be awarded with (05 points) if and only if the reapportionment is due to the mapping of schools only. In such a case, if the teacher who transferred in Transfers, 2020 i.e., he/she shall be considered for old station points. Note: (1) In such cases, the service of the aided teachers shall be taken for counting the service rendered in the cadre from the date of joining in government/local bodies school. (2) In case of visually challenged/orthopedically challenged (>80%) teachers, they shall be exempted and the next senior most shall be affected under the re apportionment".
9. As this Clause-(d) of Sub-para-(iv) of Para No.2 of the Guidelines is not clear whether persons who are categorized as 'surplus' would be entitled for the twin-benefit of five points as well as the old station points.
The Court has put a query to the learned Counsel for the Respondents on this niggling issue and directed them to obtain instructions and posted the matter to post-lunch. After obtaining instructions, the learned Counsel for the Respondents has submitted that the case of the Writ Petitioners can be considered by applying Clause-(d) of Sub-p ra-(iv) of Para No.2 of the Guidelines. In any case, the instructions received by the learned Counsel for the Respondents was unclear whether th Writ Petitioners who are shown under 'surplus' category would also be given th twin-benefits.
10. The case of the Writ Petitioners is that during the earlier transfer i.e., Transfers-2020, they had the full benefit of 8 years service. Whereas, in the present situation while they have worked in the present station only for the two years, they were sought to be considered for transfer only on account of a situation which is not at their behest, but has arisen only because the Government has initiated a policy to restructure the institutions due to their own administrative exigencies.
11. In this view of the matter, this Court has opined that it does not stand to logic that only such people who come within the scope of 'mapping of schools' would alone be given the twin-benefits but the persons shown under the category of 'surplus' cannot be accorded the twin benefits. If this is the opinion of the Government to the effect that the persons who are shown under the category of 'surplus' are not to be accorded the twin-benefits namely awarding of five points plus old station points, prima-facie it appears that it would be an invidious discrimination.
12. In this view of the matter, prima-facie this Court feels that if the Writ Petitioners are sought to be transferred on account of Government exigencies, but not at the behest of the Writ Petitioners, the benefits that are to be given cannot be distinguished and they shall be given uniformly to everyone whether or not they belong to the 'surplus' category or under the category of 're-apportionment' due to 'mapping of schools'.
13. Learned Counsel for the Writ Petitioners has drawn the attention of this Court to the schedule in the G.O.Ms.No.187 School Education (Services-11) Department dated 10.12.2022. SI.No.2 of the schedule at Para No.6 of the said Government Order stipulates that the candidates who are shown in the surplus category shall have to apply for transfer in the online with self attested details between 14.12.2022 and 17.12.2022 and also indicates that the number of days given for the Writ Petitioners and other similarly situated candidates is only a period of three days and the same would get over by tomorrow i.e., 17.12.2022.
14. Having regard to the seriousness of this issue, this Court deems it appropriate to consider this matter in detail by directing all parties to file their respective pleadings.
15. List the matter on 23.12.2022.
16. In the meantime, the Respondents shall proceed with the online process as per the schedule contemplated in Para No.6 of G.O.Ms.No.187 School Education (Services-II) Department dated 10.12.2022 only upto Stage-4 (51.No.4) where the Competent Authority is to display the Provisional Seniority List based on entitlement points and submission of uploaded Objections (with proof) in the website to the Deputy Education Officer; and shall await for further Orders/Directions from this Court.
17. Since this process would end by 22.12.2022, the Respondents would do well in giving proper instructions to their learned Counsel as regards status of both the Writ Petitioners forthwith so that they can appraise this Court on 23.12.2022."
