TENTATIVE SCHEDULE FOR TRANSFER COUNSELLING OF TEACHERS (MUNICIPAL MERGING COURT CASES)
Municipal Merging teachers web counselling schedule
Rc.No.13029/11/2021-EST 3 Dated:31/08/2021.
Sub: School Education – Teachers transfer counseling-2020 – Orders of the Hon’ble High court in WA’s No.80 of 2021 and batch and WP’No. 11631 of 2021 & batch – Cancellation of proceedings dated 15-6- 2020 – To conduct fresh counseling through web based – Certain Instructions – Issued.
Ref:
1. Procs.Rc.No.13029/11/2020-EST 3, Dt.08.01.2021 of this ofce.
2. Common Orders of the Hon’ble High Court of AP dated 25-01- 2021.
3. This Procs.ESE02-13029/11/2020-EST 3-CSE dated 30-01- 2021and 31-01-2021.
4.Common Orders of the Hon’ble High Court of AP dated 05-02-2021 in 21 WPs.
5.This Procs.13029/11/2021-EST 3-CSE dated 15-02-2021.
6. Hon'ble High Court of A.P. has issued dismissal orders in W.A.Nos. 80,81,82,83,84, 93, 95, 104, 105, 108, 129, 130, 135,139,142 and 143 of 2021 Dt.01.04.2021.
7. This Ofce Procs Rc.No.13029/11/2021-EST 3, dt:15/06/2021.
8. Orders Dt.14.07.2021 of the Hon'ble High Court of A.P. issued in WP No.11631; 11469; 11470; 11734; 11913; 11959; 11994 and 12007 of 2021.
1. In obedience to the orders issued by the Hon’ble High court in W.A.Nos. 80 of 2021 & Batch dated 01.04.2021, instructions have been issued vide reference 7th read above with regard to conduct of counselling to the teachers who have completed 8 years of service (who have fled cases in the Hon'ble High Court, A.P. with regard to merging of teachers working in MPP/ZPP/Govt. Schools to Municipalities/ Municipal Corporations).
That said proceedings were challenged before the Hon’ble High court vide WP.No.11631 of 2021 & batch and at the time of fnal hearing on 14.7.2021,the Hon’ble High court allowed the writ petitions and operative “ Accordingly, there shall be direction as prayed for. the action of the respondents in issuing proceedings dated 15.06.2021 limiting the counseling to categories III and IV is set aside. It is held to be contrary to the guidelines prescribed in G.O.Ms.No.54 and also the orders passed in W.A.No.80 of 2021 and Batch. The respondents are therefore directed to immediately carryout fresh counseling strictly in terms of G.O.Ms.No.54 and the instructions recorded in the order of Division Bench."
The Hon’ble High court in WA.No.80 of 2021 & Batch allowing the writ petitions passed the orders as follows:
“ In view of the above discussion, we fnd no good ground to interfere With the order of the learned single Judge. Before parting, we would like to observe that notwithstanding the dismissal of the writ appeals, the respondents would scrupulously follow the submissions and concessions of the learned Advocate General, based on instructions received, which are recorded in Paragraph 20 of the present judgment.The Writ Appeals are, accordingly, dismissed, subject to observations as made in Paragraph 31 above. No order as to costs. Pending miscellaneous applications, if any, shall stand closed."
In Para-20 of the judgement in WA.No.80 of 2021 & Batch, the following is mentioned: “Learned Advocate General also submits that he received instructions from the Government to the efect that in the event of appellants being not successful in the writ appeals, they will be retained in their present File No.ESE02-13029/11/2021-EST 3-CSE places of posting until the commencement of next academic year and between 16.06.2021 and 30.06.2021, counseling will be undertaken for 411 teachers who are involved in the present writ appeals to be accommodated in the left over vacancies. The teachers have completed more than 8 years of service and that is why they have to be transferred and for this purpose, web based counseling will be taken up as per the procedure laid down in G.O.Ms.No.54 dated 12.10.2020. He submits that the teachers will be given option to choose from the left over vacancies. He concedes that as the range of options would be limited, the Department is willing to give them one more opportunity. He has submitted that there are 497 schools that have become teacher-less and the teachers in this batch of cases will be posted to those schools through counseling. Whenever the next round of general counseling is taken up, these teachers will be given one more opportunity to exercise their options in such transfer counseling, so that they would have wider range of options available including preferential categories. He has further submitted that though normally, the teacher who do not complete two years of service would not be eligible to exercise option for transfers, in the instant case, the Department is willing to give them such an option if the teachers are prepared to go and work in the teacher-less schools at present. It is further submitted that consequent upon transfer of present batch of teacher, it will not be difcult to fll up the vacancies either on deputation or on adjustment basis."
Therefore, in view of the observations made by the Hon’ble High court, the following instructions are herewith issued to all the Regional Joint Director of School Education/District Educational Ofcers in the State: i. Web based transfer counseling shall be taken up as per the schedule to the teachers who have completed 8 years of service (who have fled cases in the Hon'ble High Court, A.P. with regard to merging of teachers working in MPP/ZPP/Govt. Schools to Municipalities/ Municipal Corporations) showing them the places of left over vacancies duly following the procedure laid down in G.O.Ms.No.54, Dt.12.10.2020 within the schedule (Annexed).
ii. Inform to the teachers concerned to exercise their options as per the schedule. iii.Inform the concerned teachers that, in view of the directions of the Hon’ble High court in WA.No.80 of 2021 & batch, even though they do not complete two years of service in the ensuing transfer counseling, they shall be given one more opportunity to exercise their options, only if the teachers are prepared to go and work in the teacher-less schools at present. iv.Fill up the vacancies arose due to shifting of said teachers from the schools located in Municipal Limits through work adjustment until further orders. Therefore, all the RJDSEs/DEOs are requested to follow the above instructions scrupulously.
