HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.NO.26426 OF 2009 Dt.4.12.2009 Between: V.Suresh .. Petitioner And The Commissioner & Director of School Education, Nampally, A.P. Hyderabad and another. .. Respondents HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.NO.26426 OF 2009 ORDER: (per Sri Justice V.Eswaraiah) Petitioner was transferred vide proceedings No.5197/B1/2009/ Govt/Social, dated 9.8.2009, of the District Educational Officer, Warangal, from Government High School, Girmajipet to Government High School, Govindaraopet. The said transfer order was questioned by the petitioner in O.A.No.10563 of 2009 before the Andhra Pradesh Administrative Tribunal and the Tribunal dismissed the O.A. by order, dated 3.11.2009. Aggrieved by the same, this writ petition is filed. The case of the petitioner is that he joined in service as Special Teacher on 3.3.1986 in Government Primary School, Station Road, Warangal and thereafter he was deputed as Secondary Grade Teacher by proceedings dated 26.3.1986 and was given posting at Chintal. He was further promoted as School Assistant (Social Studies) on 15.6.1998 and was given posting in Government Upper Primary School, Moulali School. The petitioner was appointed as Alternative School Coordinator in 2007 and the said post was under the control of S.S.A (Rajiv Vidya Mission). He was relieved from the said post on 30.10.2008 and was given posting in Government High School, Girmajipet. It is stated that the wife of the petitioner, S.Rama Devi is also working as Secondary Grade Teacher in Sri Krishna Upper Primary School, Warangal. It is stated that the Government framed Rules called – Andhra Pradesh Teachers (General Promotions and regulation of Transfers) Rules 2009 vide G.O.Ms.No.15, Education (SE-Ser.II) Department, dated 26.1.2009 and Rule 9 deals with transfers. It is stated that as per the guidelines the ban orders on transfers was lifted and the transfers shall be effected from 29.6.2009 to 31.7.2009 and applications are required to be made giving their options from 29.6.2009 to 8.7.2009 and applications can be made through on line also. It is the case of the petitioner that the post held by the petitioner was not shown as a vacancy during the period from 29.6.2009 to 8.7.2009 or at any time thereafter. Therefore, there was no liability or compelling reasons for the petitioner to make the application. It is the case of the petitioner that it is not permissible to transfer the petitioner unless he makes a request through on line application for transfer. However, the petitioner admits that to his knowledge 43 vacancies of School Assistants (Social Studies) were identified as the vacancies available for transfer and the name of the petitioner was also figured at Sl.No.5 in the list of person who have completed 8 years stay at Warangal proper in a particular habitation. The list was published on the date of counselling and not earlier to the same. It is stated that there were only 7 applications of School Assistant (Social Studies) who were working outside Warangal proper for transfer to Warangal proper. It is also stated that the name of the petitioner was also found in the list of teachers who have completed 8 years stay at Warangal proper and he also went for counselling hall and stated about working of his spouse as Secondary Teacher in Sri Krishna Upper Primary School, Warangal and that he being the President of A.P.Primary Teachers Association, which is registered Association, and requested that he may be posted any where in Warangal habitation. But the said request was not considered and he was transferred vide proceedings dated 9.8.2009. A counter affidavit has been filed by the District Educational Officer, Warangal, stating that pursuant to the transfer policy of the Government in G.O.Ms.No.15, dated 26.1.2009, the Commissioner and Director of School Education, Andhra Pradesh, Hyderabad, issued instructions vide proceedings dated 24.7.2009 to effect transfers based on their entitlement points by the applicants who exercised options of their place of choice. Based on the aforesaid transfer guidelines, the particulars of School Assistants, who have completed 8 years service in the same habitation of Municipality, have been obtained from the Head Masters of the respective schools and Deputy Educational Officers and prepared in consolidation manner for transfer of the teachers. The name of the petitioner is identified at Sl.No.2. The petitioner has not applied for his transfer even through on line under spouse category and he was not given any points. Therefore, he was transferred from Government High School, Girmajipet, Warangal to Government High School, Govindaraopet vide proceedings dated 9.8.2009 and one Smt.Anchuri Sudha was posted in his place as School Assistant (Social) at Girmajipet. Learned counsel for the petitioner submits that the post of School Assistant (Social Studies) was not notified and no doubt he has been working in Warangal habitation area more than 8 years, but his spouse is working at Warangal and therefore he is entitled to be considered for his posting at any available place in the Warangal municipality as per entitlement. We have perused the orders of the Government in G.O.Ms.No.15, dated 26.1.2009. As per Rule 9 of the Transfer Rules all transfers shall be made by way of counselling through Transfer Committees. As per Rule 13, the criteria for transfers is that whoever completes 8 years of service in a particular school / Panchayat / Municipality or Municipal Corporation as on 1st July every year shall be compulsorily transferred. There are certain exceptions in case of persons who are going to retire within two years as on the date of transfer counseling etc. But, however, the teachers who have put in more than two years of service in a place are only eligible to apply for transfer through on line as per schedule. As per the rules, the senior most teacher who has completed eight years of service and above, has to be posted at other Gram Panchayat / Municipal area in the available vacancy. Therefore, the habitation area of the Municipality concerned has to be taken into account of the same unit and they require to be transferred out side the municipal area. Whoever applies for transfer are only entitled to be considered to a place of their choice based on entitlement of points as stipulated under Rule 17. In the instant case, admittedly petitioner has not applied for transfer. It is not in dispute that the petitioner has been working more than 8 years in the same municipal area. The applicants who are intending to be transferred at the place of their choice also entitled to apply through on line under Rule 21. Such an application shall be made within the stipulated time as per guidelines before 8.7.2009. Admittedly, the petitioner did not make an application even under spouse category. Therefore, petitioner is not entitled to be considered as per his desire. If no application is filed, it is for the Transfer Committee to post anywhere in the vacancy available. As the petitioner did not apply, the question of considering his case on preference under spouse category or that he being the President of the Teachers’ Association does not arise. Therefore, it cannot be said that the transfer order is not in accordance with the transfer guidelines. We therefore do not see any error committed by the Tribunal in dismissing the O.A. The writ petition is accordingly dismissed. ________________ V.ESWARAIAH, J. _________________________ VILAS V. AFZULPURKAR, J. 4.12.2009 kpr