Circular on Court Cases on Transfers 2020

 Cir.No. ESE02-23021/9/2020-LEGAL-CSE Dt:08/01/2021

Sub:-School Education – Legal Cell – To take immediate action on Court
directions – Reg. 

Ref:- Review meeting on court cases on 08-01-2021. 

All the Regional Joint Directors of School Education / District Educational
Officers and all subordinate officers in the State are informed that the
Director of School Education, Andhra Pradesh took up a review on court cases
and noticed that, due to delay in disposing off the representations /
grievances by the respective authorities, the teachers and managements are
approaching the Courts of Law for suitable directions and obtaining interim
directions. That due to non implementation of the interim directions within
the stipulated time, the petitioners are filing Contempt cases against the
Officers leading to embarrassment to the senior officers.

2. In view of the above to avoid such unwanted situations, the following
instructions are hereby issued for strict implementation.

a) To implement the orders as directed by the Hon’ble Court subject to the
outcome of the writ petition with reference to the rules and issue
appropriate orders within the stipulated time. 

b) If the orders of the Hon’ble High Court are not feasible for compliance
an affidavit shall be submitted to the Hon’ble High Court for considering
vacating the interim directions or prefer an appeal as the case may be. Such
an affidavit shall be filed within (7) days from the date of receipt of the
orders 

c) But in no case, either vacate petition or appeal shall be preferred
after the contempt case is filed against the department. If there are
grounds for appeal, such an appeal shall be filed within (15) days from the
date of receipt of the orders.

d) Aggrieved by the speaking orders or non implementation of the interim
directions, if the petitioner files a contempt case, a vakalat has to be
filed through an advocate. If the Government Pleader is filing the vakalat,
he should not file it in the capacity of GP, but in his individual capacity
only.

3. All officers are hereby requested to adhere to the above instructions
carefully.

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