Procs.Rc.No.13029/11/2020-EST 3. Dated:30-1-2021
Sub:- School Education – Certain court cases filed in the Hon’ble High
Court of Andhra Pradesh with regard to Merging of Teachers working in Govt./
ZPP/ MPP Schools to the Schools located in Municipalities / Municipal
Corporations during the Teachers Transfers-2020– implementation final orders
common Orders issued by the Hon’ble High Court of AP on 25-01-2021 in
respect of 30 WPs – Certain Instructions – Issued.
Ref:- 1) This office proceedings Rc.No.13029/11/2020-EST 3, Dt. 08.01.2020. 2)
Final orders/Common orders of the Hon’ble High Court of AP on 25-01-2021 in
respect of 30 WPs.
ORDER: All the District Educational Officers in the State are informed that,
instructions have been issued with regard to implementation of certain court
cases filed in the Hon’ble High court regarding merging of teachers working in
MPP/ZPP/Govt. Schools to the Schools located in Municipalities / Municipal
Corporations vide reference 1st read above.
2. The Hon’ble High court of AP in common orders dated 25-01-2021, dismissed
WP Nos.20458, 20725, 20755, 20789, 20808, 20816, 20924, 20937, 20942, 20948,
20951, 20963, 20976, 20990, 21013, 21016, 21024, 21038, 21069, 21082, 21084,
21101, 21112, 21293, 21307, 21308, 21371, 21693 of 2020 and 1407, 1420 of 2021
and passed orders as follows: –
“In view of my discussion, the petitioners have no right to continue to work
in the same school or to claim writ of mandamus, in view of the future
contingencies without any right in praesenti. Therefore, no writ of mandamus
can be issued declaring the action of the respondents as illegal, arbitrary
and it does not amount to violation of Articles 14, 19 and 21 of the
Constitution of India, as transfer is an incidence of service, as held by the
Courts in the judgments referred supra. Therefore, I hold the point against
the petitioners and in favour of the respondents.
In view of my foregoing findings recorded in Point Nos. 1 to 3, I am of
the considered view that these writ petitioners are not entitled to claim any
relief, even the alternative relief. Hence, I find no ground to grant the
relief as claimed by these petitioners and the writ petitions are liable to be
dismissed.
In the result, writ petitions are dismissed. No costs. Consequently,
miscellaneous petitions pending if any, shall also stand dismissed.”
3. Therefore, the RJDSEs/ District Educational Officers concerned are
requested to follow the final orders issued by the Hon’ble High Court of A.P
in the above WPs and relieve the teachers who come under the purview of the
common orders issued by the Hon’ble High Court on 25- 01-2021, from the
respective schools immediately (in which they are retained in the same school
even though completed 8 years of service) and keep them in the DEO pool.
4. Detailed guidelines will be issued separately.
5. The District Education Officers and Regional Joint Directors of School
Education are requested to acknowledge the receipt of these orders and comply
with the above instructions at once.
