THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.16451 of 2009 ORDER: (per the Hon’ble Sri Justice V.Eswaraiah) Petitioner seeks to issue a Writ of Mandamus to declare the order, dated 22-07-2009, passed by the A.P.Administrative Tribunal, Hyderabad, in O.A.No.8270 of 2009, to the extent of restricting length of service upto eight years for awarding entitlement points and also the action of the respondents in not awarding entitlement points for the total service rendered by him in the present Gram Panchayat as illegal and arbitrary and contrary to G.O.Ms.No.15, dated 26-01-2009. 2. It is the case of the petitioner that he was appointed as Secondary Grade Teacher on 17-12-1996 and allotted to Primary School, Kolanur. Subsequently, he was transferred to Primary School, Gollapally, which is the Hamlet of Kolanur, basing on his option in the transfer counselling conducted on 08-11-2005. He is working in the Primary School, Gollapally, from March, 2006 and he has completed three years three months at the Primary School, Gollapally and as per Rule 13(a) of G.O.Ms.No.15, dated 26-01-2009, those who have completed eight years of service in a particular school/Panchayat/Municipality or Municipal Corporation as on 1st July of every year shall be compulsorily transferred and the petitioner has not completed eight years of service, and, therefore, he cannot be subjected to transfer. 3. It is further stated that the petitioner was awarded points taking into consideration his present service in the Primary School, Gollapally, but not the entire service rendered by him in the present Gram Panchayat. Therefore, he filed O.A.No.8270 of 2009 before the A.P.Administrative Tribunal, Hyderabad, seeking to declare the action of the respondents therein in not awarding him entitlement points for the total service rendered by him in the present Gram Panchayat and showing his working place as vacant place as illegal and arbitrary and consequently to direct the respondents therein to allot entitlement points for the total service rendered by him in the present panchayat or else to continue him in the present place of work. The Tribunal vide its order, dated 22-07-2009, while admitting the writ petition, granted the following interim relief:- “Pending disposal, there shall be a direction to the respondents to award entitlement points to the applicant for the service rendered in one Gram Panchayat while effecting transer, in the present ensuing counselling. The length of service shall be restricted to eight years.” 4. Aggrieved by the same, the present writ petition is filed. 5. We have perused the rules issued in the said G.O. The said Rules deals with regard to 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. 6. 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. 7. 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 transferred 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. 8. 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.” 9. 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 their 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. 10. Thus, the transfer policy makes it clear that on completion of two years, transfers shall be taken up by the transfer committee and while transferring, who ever applies for transfer of their place of choice, their entitlement of points will be awarded for having worked in the present school or office or institution as per Rule 17 of the said G.O. 11. In the instant case, the transfer committee has taken into account the service rendered by the petitioner in the present school and awarded points. The eligibility for transfer is to be taken into account on completion of two years in a particular place under Rule 14 read with Rule 17 of the said G.O. Therefore, it cannot be said that the petitioner is entitled for the points for the entire service rendered by him in the present gram panchayat. Further, the Tribunal erroneously held in the impugned order that the length of service shall be restricted to eight years, which is contrary to the transfer policy of the Government in the aforesaid G.O. Therefore, we are of the opinion that the O.A. filed by the petitioner before the Tribunal is misconceived and as such, the petitioner is not entitled for any relief. As a matter of fact, this writ petition seeking Writ of Mandamus against the interim order passed by the Tribunal is also not maintainable and therefore, the same is liable to be dismissed. 12. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ________________ V.ESWARAIAH, J ________________________ VILAS V. AFZULPURKAR, J Date: 11-08-2009 Prv