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Friday, 13 November 2020

Rationalization, Transfers of teachers of ZPP/MPP Schools which comes under Municipalities / Municipal Corporations Clarification

Representations of teachers working in ZPP/MPP Schools which comes under Municipalities / Municipal Corporations - Request not effect transfers during transfer counseling - Certain Instructions - Issued - Reg  Rc.No.13029/25/2020-EST 3 Dated:-13/11/2020.

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Representations of the teachers of Vizianagaram, Prakasam, Ananthapuramu and Chittoor.

ORDER:

With reference to the subject cited this is to inform that certain individuals approached the Hon’ble High Court of A.P. and submitted representation that not to transfer the individuals in general transfers from the working places and to continue him/her in the present working place as their working schools panchayats are to be merged into Municipalities/Municipal Corporations.

 In this connection, it to inform that their request for continuing in the working schools even though completed 8 years of service in the same school is not feasible and they have to follow the guidelines issued by the Government vide G.O.Ms.No.53 & 54 dated 12-10-2020 due to the following reasons:-

i. They have not transferred legally to the municipal corporation/Municipality as on to date.
ii. As on today, Government have not taken any policy decision either to merge the schools in Municipality /Municipal Corporation or to transfer teachers working in Govt/MPP/ZP schools to Municipal Schools.
iii. Therefore they cannot claim that they are entitled to continue in the same places which are located in the jurisdiction of Municipal Corporation/ Municipal limits.
iv. The District Educational Officer is the competent authority to take decision in respect of appointments, promotions and transfers.
v. Merging of the services of the teachers working in Govt/ZPP/MPP schools into Municipal Corporation/ Municipality is not possible without the decision of the Government.

vi.in similar issues, the Hon'ble APAT dismissed OA.No.3222 of 2011 and batch on 28.11.2013 filed by the teachers who were working in MPP and ZP schools in the villages under Kadapa Municipal corporation. Challenging said order writ petition is filed vide WP.No.36970 and 37342 of 2013 and at the time of final hearing on 10.4.2014, Hon'ble High court dismissed the appeal of the teachers duly stating that they are bound to the orders issued by the School Education Department/Government.
vii. Applicants alone are eligible to continue in the same school after completion of 8 years of service in the same school is wholly devoid of merit and untenable because all the teachers working in ZP and MPP schools in the district will be considered as a unit.
viii.All the teachers working in Govt/ZPP/MPP are come under the purview of the School Education Department and they are bound to obey the guidelines issued by the Government/ Department.

In view of the above, the representations of the individuals are considered and examined carefully and their request is not feasible and rejected.

Therefore, the District Educational Officers of Vizianagaram, Prakasam, Ananthapuramu and Chittoor are requested to issue speaking orders to the individuals working in Govt/ZPP/MPP school and submitted representations for considering their candidature to continue in the same schools located in Municipal Corporation/Municipality even though completed 8 year of service in the same school.

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