IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH and THE HON'BLE SRI JUSTICE P.SWAROOP REDDY WRIT PETITION No.15067 of 2009 Between: 1 V.S.Girija W/o.G.Prabhakar Shastri MPP School, Yerragudipalli, Pulivendula Mandal, R/o.D.No.6/84, Brahmins Street, Pulivendula Town, Kadapa District. 2 R.Maheswara Reddy S/o.R.Dashrathrami Reddy MPP School, 2nd Ward, Pulivendula Town and Mandal, R/o.D.No.4-4- 293, Ankalammapeta, Pulivendula Town & Mandal, Kadapa District. 3 Smt.M.M.Jasnitha W/o.Prabhakar Reddy MPP School, Ulimella, Pulivendula Mandal, R/o.D.No.4-7-54, SBI Colony, Pulivendula Town & Mandal, Kadapa District. 4 Smt.Alluru Krishna Kumari W/o.Madha Venkata Naga Raju Government High School (Ramannappa School), Pulivendula Town and Mandal, R/o. D.No.1-4-286, Maruthi Hall Road, Pulivendula Town & Mandal, Kadapa District. ..... PETITIONER(S) AND 1 The Government of Andhra Pradesh, represented by its Principal Secretary, Department of School Education, Secretariat Buildings, Hyderabad. 2 The Commissioner and Director of School Education, Andhra Pradesh, Hyderabad. 3 The District Educational Officer, Kadapa District, Kadapa. 4 The Mandal Educational Officer, Pulivendula Mandal, Pulivendula, Kadapa District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents No.3 and 4 in identifying the petitioners that they have completed 8 years of service by counting their service which they have put in earlier Schools prior to their transfers to the present schools in which they are presently working from the year 2001 and 2003 as arbitrary, illegal colorable exercise of power and contrary to the transfer guidelines framed through GO.Ms.No.15, Education (SE-Ser.II) Department, dated 26.01.2009 and the proceedings in RC.No.1671/D1- 3/2009, dated 24.6.2009 issued by the respondents No.1 and 2 respectively and violative of the fundamental rights guaranteed to the petitioner under Articles 14 & 21 of the Constitution of India and consequently direct the respondents No.3 and 4 not to transfer the petitioners from the Schools in which they are presently working. Counsel for the Petitioner:MR.V.R.REDDY KOVVURI Counsel for the Respondent No.: GP FOR EDUCATION The Court made the following : THE HON'BLE SRI JUSTICE V.ESWARAIAH and THE HON'BLE SRI JUSTICE P.SWAROOP REDDY WRIT PETITION No.15067 of 2009 ORDER: (per the Hon’ble Sri Justice V. Eswaraiah) The petitioners herein, who are applicants, filed O.A.No.7961 of 2009 before the Tribunal seeking to declare the action of respondent Nos.3 and 4 herein in identifying them that they have completed eight years of service by counting their service, which they have put in earlier Schools prior to their transfers to the present schools in which they are working from the year, 2001 and 2003 as illegal, arbitrary and contrary to the transfer guidelines framed through G.O.Ms.No.15, dated 26-01-2009 and the proceedings, dated 24-06-2009 issued by respondent Nos.1 and 2 respectively and consequently to direct respondent Nos.3 and 4 not to transfer the applicants from the Schools in which they are presently working. In the said O.A., they also sought for an interim relief to direct respondent Nos.3 and 4 not to transfer the applicants from the Schools in which they are presently working, pending disposal of the O.A. 2. The Tribunal vide order, dated 20-07-2009, issued notice before admission returnable in two weeks. 3. The petitioners filed this writ petition seeking Writ of Mandamus for the self same relief, which was sought for in the O.A., without questioning the action of the Tribunal in not granting interim relief. 4. We are of the opinion that while O.A. is pending before the Tribunal, this writ petition seeking a Writ of Mandamus is not maintainable and the same is liable to be dismissed. 5. However, learned counsel for the petitioners submits the 1st respondent issued G.O.Ms.No.15, dated 26-01-2009, framing certain guidelines with regard to the promotions and transfers of Head Masters Grade Gazetted-II/Teachers, who are working in the Government Schools and ZPP and MPP Schools in the State. As per Rule 13(a) of the said G.O., the petitioners, who are working as Secondary Grade Teachers in Mandal Praja Parishad Schools shall not be transferred until they complete eight years of service. 6. We have perused the rules issued in the said G.O. The said Rules deals with regard to the promotions and transfers of Head Masters Grade Gazetted-II/Teachers, who are working in the Government Schools and ZPP and MPP Schools in the State. 7. Rule 13 of the said G.O., reads as follows:- The following categories of HMs Gr.II Gazetted/Teachers in the Government/ZPP/MPP posts shall be transferred: (a) Those who have completed 8 years service in a particular School/Panchayat/Municipality or Municipal Corporation in all schools as on 1st July of every year shall be compulsorily transferred. The completion of 8 years service shall be counted for the service rendered in a school prior and after upgradation in respect of upgraded and bifurcated schools. (b) Those who are going to retire within two years as on the date of transfer counselling shall not be shifted until and unless the incumbent requests for such transfer. (c) If no women HMs/Teachers are available to work in Girls Schools including High Schools, then male HMs/Teachers who are over and above 50 years age will be considered for posting to such schools. (d) If any Headmaster/Teacher fail to apply and attend counselling, such persons will be allocated to the left over vacancies in the counselling and no further correspondence will be entertained. (e) Once transfer orders are issued by the competent authority, review of orders shall not be considered. The person should join in the place of posting. Avoiding of posting orders and applying for treatment of waiting period as compulsory wait will not be entertained. 8. As per Rule 13(a) of the said G.O., Head Masters Grade-II Gazetted/ Teachers in the Government/Zilla Praja Parishad/Mandal Praja Parishad must compulsorily be transferred after completing eight years of service. Insofar as Teachers, who are going to retire within two years, shall not be shifted until and unless the incumbent requests for such transfer. That means, except the persons, who are going to retire within two years, the transfer shall be effected in respect of all others after completing eight years of service. 9. Rule 14 of the said G.O. reads as follows:- “Headmasters Gr.II Gazetted/Teachers who have put in more than two years of service in a place/School and above as on 1st July are only eligible to apply for transfer.” 10. As per Rule 14 of the said G.O., it is open for the Teachers to apply for transfer, whoever completes two years of service, so as to consider transfer for their place of choice as per the points secured by them, otherwise they will be allocated to the left over vacancies in the counselling as per Rule 13(d) of the said G.O.. 11. A cumulative reading of the aforesaid G.O. indicates that the transfer shall be taken up every year in respect of the persons, who have not only completed eight years of service for their compulsory transfer but also who have completed two years of service for their transfer. In the circumstances, no Teacher can be allowed to continue in the existing place after completing eight years of service and whoever completed eight years of service have to be compulsorily transferred. Even as per the said G.O., it cannot be said that who have already completed two years of service are not entitled for transfer. 12. In view of the aforesaid facts and circumstances of the case, we are of the opinion that the writ petition is devoid of merits and the same is liable to be dismissed with costs. 13. Accordingly, the writ petition is dismissed with costs. There shall be no order as to costs. ________________ V.ESWARAIAH, J _____________________ P.SWAROOP REDDY, J Date: 29-07-2009 Prv