Rc.No.13029/11/2020-EST 3 Dated:13/01/2021 SE - APES - Re-apportionment and The Andhra Pradesh Teachers (Regulation of Transfers) Guidelines, 2020 - Release of transfer orders - Certain instructions - Continuation Orders - Issued.
Ref:-
1.G.O.Ms.No.53, School Education (Ser.II) Dept., dt.12.10.2020
2.G.O.Ms.No.54, School Education (Ser.II) Dept., dt.12.10.2020
3. Proc.Rc.No.13029/11/2020-EST-3 dated 14.10.2020.
4.G.O.Ms.No.59, School Education (Ser.II) Dept., dt.24.11.2020 5. Progs. Rc.No. 13029/11/2020/Est.III dated 14-10-2020 of Director, School Education, AP, Ibrahimpatnam.
6.Interim directions dated 14-12-2020 passed in WP No. 21482 of 2020 of the Hon’ble AP High Court. 7. Interim directions dated 10-11-2020 passed in WP No. 20944 of 2020 of the Hon’ble AP High Court. 8. Proceedings Rc.No.13029/61/2020-Est.III dated 8-1-2021 of Director, School Education, AP, Ibrahimpatnam
9. Orders dated 11-12-2020 passed in WP No. 22683 of 2020 of the Hon’ble AP High Court.
10. Proceedings Rc.No.13029/11/2020-Est.III dated 8-1-2021 of Director, School Education, AP, Ibrahimpatnam
11. Proceedings Rc.No. 13029/11/2020-Est.III dated 8-1-2021 of Director, School Education, AP, Ibrahimpatnam
ORDER: Government have issued orders for taking up transfers of teachers working in Zilla Parishad and Government managements vide references 1 st to 3rd above.
2. Orders were also issued by Director, School Education vide ref. 5th cited to call for willingness from the eligible SGTs/School Assistants for promotion to the posts of School Assistants/Headmasters and they were directed to exercise their options for place of posting in the web counselling as taken up vide GOs read from 1st to 3rd above. Orders were also issued that the posting orders for the promoted teachers will be given as part of the transfers counselling taken up as per GOs 1stto 3rd read above.
3. Certain SGTs/School Assistants have given their willingness for promotion and exercised their options for place of posting in the promoted cadre through online.
4. Meanwhile certain School Assistants (Telugu) and School Assistant (Hindi) have approached Hon’ble High Court in WP No.21482/2020 seeking orders for showing the vacancies of those School Assistants upgraded during 2019 and also all the vacancies filled up through promotion from July 2019 onwards. The Hon’ble AP High Court has issued the following interim directions:
Directed to show the places where vacancies arise for general transfers of the teachers including such of those places where promoted individuals were posted during the year 2019 by 3-12- 2020, such vacancy position shall be displayed at the time of the proposed counselling.
5. Hence in compliance to the above interim directions, a revised schedule has been communicated for displaying all the vacancies and for submitting individual options by the teachers for effecting the transfers of School Assistants (Telugu) and School Assistants (Hindi) in the districts of Guntur, Krishna, Prakasam, Nellore, Kadapa, Chittoor and Kurnool vide this office progs. Rc.No.13029/61/2020-Est.3 Dated 8-1-2021.
6. In case of Kurnool district, certain School Assistants (Physical Education) have approached the Hon’ble AP High Court in WP No. 20944 of 2020 and the Hon’ble AP High Court passed orders:
The respondent authorities are directed to consider the objections and grievances if any filed by any one of the affected while undertaking the exercise of transfers pursuant to GO No.54 School Education (Ser.II) department dated 12-10-2020.
7. In case of Kurnool district, orders were issued vide ref.11th cited, to District Education Officer, Kurnool to comply with the orders of the AP High Court in WP No. 20944 of 2020 and the transfers schedule for School Assistants (Physical Education) in Kurnool district is being reissued.
8. Further, certain headmasters have approached Hon’ble AP High Court in WP No.22683 of 2020 challenging the amendment issued with regard to the criteria of transfer for Grade II Headmasters in completing 5 years of service in stead of completing 5 academic years as on 1-10-2020 and the Hon’ble AP High Court passed the following interim directions:
In the meanwhile, the respondents shall permit the petitioners to participate in the counselling for the post of Grade II Headmasters in accordance with the unamended GO Ms.N o. 54, School Education (Ser.III) department dated 12-10-2020 and without reference to the amendment carried out in GO Ms.No. 59, School Education
9. Hence in compliance to the above interim directions, a revised schedule has been communicated for effecting the transfers of headmasters Gr.II vide this office progs. Rc.No.13029/11/2020-Est.3 Dated 8-1-2021.
10. Since the transfers of the grade II headmasters are now rescheduled, those School Assistants who have given willingness for the place of posting in their promoted cadre, i.e., as headmaster Gr.II remain without a place of posting even though they get promoted as Headmasters Gr.II. Further, after getting promotion as Headmasters Gr.II they now will have to re-exercise their option as per the revised schedule communicated vide reference 10th cited.
11. Further, since all the transfers are now being taken up through an automated process of web counselling, if one cadre does not get promoted, the entire chain gets affected. It means, if the school assistants do not get promoted as headmasters Gr.II, some of their present posts will not become arising vacancies and those SGTs that have opted for those vacancies may not get their place of choice
12. It further means that, since the whole transfers process is a chain it may get affected because of the revised schedule issued by Director, School Education vide reference 8th and 10th cited above for the Headmasters and School Assistants. The process of transfers has already got delayed due to various reasons and if further delayed, it would affect the functioning of the educational institutions under Zilla Parishad and Government in the state.
13. The Director, School Education has to comply with the orders issued by the Hon’ble High Court in the above WPs and accordingly he has complied with them. '
14. However, he also has a responsibility to ensure that those transfers that are not covered by the orders of the Hon’ble High Court are carried out as scheduled.
15. Hence, after carefully examining the entire issue, the following orders are hereby issued to the Regional Joint Directors of School Education and District Education Officers in the state:
In case of promotions to School Assistants (Telugu) and School Assistants(Hindi) in the districts of Guntur, Krishna, Prakasam, Nellore, Kadapa, Chittor and Kurnool:
a. Adhoc promotions shall be ordered to all the SGTs that have given willingness for promotion as School Assistants (Telugu) and School Assistant (Hindi) in the districts of Guntur, Krishna, Prakasam, Nellore, Kadapa, Chittoor and Kurnool by the District Education Officers concerned.
b. Once the SGTs get promoted as School Assistants (Telugu) and School Assistants (Hindi)in the districts of Guntur, Krishna, Prakasam, Nellore, Kadapa, Chittoor and Kurnool shall have to exercise their options once again for posting as School Assistants (Telugu) and School Assistants (Hindi) in those districts for taking up transfers counselling as per the revised schedule.
c. Till such time the District Education Officers concerned are requested to show the SGTs promoted as School Assistants (Telugu) and School Assistants (Hindi) against any existing vacancy of equivalent cadre in the schools located in Cat.III and Cat.IV areas for the purpose of drawing salaries in the promoted cadre.
d. The teachers shall be informed that this allotment is purely adhoc and they will be reallotted as per their place of option and when the transfers of School Assistants (Telugu) and School Assistants (Hindi) are taken up after the finalization of the pending court cases.
In case of promotions to School Assistants (Physical Education) in the district of Kurnool:
e. Similar process shall be followed in case of SGTs gave willingness for promotion as School Assistants (Physical Education) in Kurnool district.
In case of promotions to Headmasters Gr.II in the entire state:
f. Adhoc promotions shall be ordered to all the School Assistants that have given willingness for promotion as Headmasters Gr.II by the Regional Joint Directors concerned.
g. Once the School Assistants get promoted as Headmasters they shall have to re-exercise their options as per the revised schedule issued by Director, School Education vide ref10th cited posting as headmasters in the schools as opted by them.
h. Till such time the Regional Joint Directors are requested to show theSchool Assistants promoted as HeadmastersGr.IIagainst existing vacancies of equivalent cadre in the schools located in Cat.III and Cat.IV areas, for the purpose of drawing salaries in the promoted cadre.
i. The teachers shall be informed that this allotment is purely adhoc and they will be reallotted as and when the transfers of Headmasters Grade II are taken up after the finalization of the pending court cases.
