Rc.No.13029/25/2020-EST 3 Dated:-13/11/2020
Sub:-
SE – Estt.III – Representations of teachers working in ZPP/MPP Schools
which comes under Municipalities / Municipal Corporations – Request not
effect transfers during transfer counseling – Certain Instructions – Issued –
Reg.
Read:
–
Representations of the teachers of Vizianagaram, Prakasam, Ananthapuramu
and Chittoor.
ORDER:
With reference to the subject cited this is to inform that certain individuals
approached the Hon’ble High Court of A.P. and submitted representation that not to
transfer the individuals in general transfers from the working places and to
continue him/her in the present working place as their working schools panchayats
are to be merged into Municipalities/Municipal Corporations.
2. In this connection, it to inform that their request for continuing in the
working schools even though completed 8 years of service in the same school is not
feasible and they have to follow the guidelines issued by the Government vide
G.O.Ms.No.53 & 54 dated 12-10-2020 due to the following reasons:-
i. They have not transferred legally to the municipal corporation/Municipality as
on to date.ii. As on today, Government have not taken any policy decision either to merge
the schools in Municipality /Municipal Corporation or to transfer teachers
working in Govt/MPP/ZP schools to Municipal Schools.iii. Therefore they cannot claim that they are entitled to continue in the same
places which are located in the jurisdiction of Municipal Corporation/ Municipal
limits.iv.The District Educational Officer is the competent authority to take decision in
respect of appointments, promotions and transfers.v. Merging of the services of the teachers working in Govt/ZPP/MPP schools
into Municipal Corporation/ Municipality is not possible without the decision of
the Government.vi.in similar issues, the Hon’ble APAT dismissed OA.No.3222 of 2011 and batch on 28.11.2013 filed by the teachers who were working in MPP and ZP schools
in the villages under Kadapa Municipal corporation. Challenging said order writ
petition is filed vide WP.No.36970 and 37342 of 2013 and at the time of final
hearing on 10.4.2014, Hon’ble High court dismissed the appeal of the teachers
duly stating that they are bound to the orders issued by the School Education
Department/Government.vii.Applicants alone are eligible to continue in the same school after completion
of 8 years of service in the same school is wholly devoid of merit and
untenable because all the teachers working in ZP and MPP schools in the
district will be considered as a unit.viii.All the teachers working in Govt/ZPP/MPP are come under the purview
of the School Education Department and they are bound to obey the
guidelines issued by the Government/ Department.
3. In view of the above, the representations of the individuals are considered and
examined carefully and their request is not feasible and rejected.
4. Therefore, the District Educational Officers of Vizianagaram, Prakasam,
Ananthapuramu and Chittoor are requested to issue speaking orders to the
individuals working in Govt/ZPP/MPP school and submitted representations for
considering their candidature to continue in the same schools located in Municipal
Corporation/Municipality even though completed 8 year of service in the same
school.
