Telangana High Court
Parankusham Vasavi vs The Director Of School Education on 19 September, 2022
Author: P.Madhavi Devi
Bench: P.Madhavi Devi
THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI
W.P. No. 36059 of 2022
ORDER:
This writ petition has been filed seeking a writ of mandamus to declare the action of the respondents in not transferring the petitioners for mutual transfer as per their request in the representation dated 08.09.2022, as illegal and arbitrary.
2. Heard the learned counsel for the petitioner and the learned Government Pleader for Services-I for respondents.
3. Learned counsel for the petitioners submits that initially petitioner No.1 had made a request for mutual transfer along with another teacher, but before the same could be considered, the teacher who had agreed for mutual transfer, has withdrawn his consent and thereafter, the petitioner No.1 has confirmed with another person for mutual transfer, who is the petitioner No.2 herein, and they both have made representation on 08.09.2022 for mutual transfer. He further submits that the respondents are not considering the said representation of the petitioners in spite of both the petitioners giving an undertaking that they are willing to forgo their seniority after being transferred on mutual basis.
4. Learned Government Pleader for Services-I is also heard, who submitted that the last date for making online application for mutual transfer was on 15.03.2022 and since the same has been subsequently withdrawn, the application of the petitioner dated 08.09.2022, cannot be accepted.
5. Having regard to the rival contentions and the material on record, this Court finds that in the similar matter i.e., W.P.No.28997 of 2022, dated 18.07.2022 it has been held in paras 2 to 5 as under:
"2. The case of the petitioner in brief is that he was appointed as School Assistant (Mathematics) on 20.12.2012 and was posted in ZPHS, Thallapalli, Shabad Mandal, Ranga Reddy District. It is submitted that pursuant to G.O.Ms.No.317 dated 06.12.2021, the petitioner was allotted to Vaikarabad. He submits that as per G.O.Ms.No. 21, dated 02.02.2022, the petitioner had applied for mutual transfer with another person Smt.J. Radha. While the said application was under consideration, in the meantime G.O.Ms. No. 402 dated 19.02.2022, protecting seniority to the candidates who applied on mutual transfer, was suspended by the Court in WP No. 16182, W.P. No.16255 and W.P. No. 17277 of 2022. It is submitted, in view of the same, Smt.J. Radha has withdrawn her consent for mutual transfer. It is stated that subsequently, the petitioner found another person for mutual transfer who is willing to work at Vikarabad District i.e. one Sri G.Narasimha Reddy who is working as School Assistant (Mathematics), in ZPHS, Meerkhanpet, Kandukur Mandal, Ranga Reddy District.The learned counsel for petitioner submits that he has sought to file representation on 25.06.2022 for mutual transfer, but in view of the expiry of the last date, the respondents are not entertaining the application of the petitioner online. He therefore requests that the respondent may be directed to accept the representations of the petitioner physically and consider the same.
3. The learned Government Pleader for Services-I, is heard. On written instructions he submitted that as per Guideline No.13 of G.O.Ms.No. 21 dated 02.02.2022, an application for mutual transfer shall be made online and hard copy of the same shall be submitted to the head of the department through the district/zonal Head and that the application once made, shall be final and no further application shall be permitted. It is submitted that since petitioner had applied for mutual transfer earlier, but the same has been withdrawn subsequently, the request of the petitioner again for mutual transfer cannot be considered. He further submits that the petitioner cannot be allowed to submit the application physically and therefore, the prayer of the petitioner cannot be entertained unless the petitioner challenges guidelines issued in the G.O.Ms.No. 21 dated 02.02.2022.
4. Having regard to the rival contentions and the material on record, this Court finds that G.O.Ms.No. 21 dated 02.02.2022 has been issued for considering the grievances of the employees for the allotment to new local cadres. Certain guidelines were issued under Guideline No.13 of the said G.O.under which an application for mutual transfer can be made. It is seen that granting of interim orders by this Court in certain writ petitions has resulted in one of the applicants in withdrawing her candidature or her acceptance for mutual transfer with the petitioner herein. It is submitted that the petitioner has therefore submitted another application for mutual transfer after finding another willing person.
5. This Court is of the opinion that if any employee has any grievance with regard to his service, he may make a representation and the authorities have to consider and process the same in accordance with law and in the light of the relevant guidelines on the issue. In these circumstances, as per the G.O.Ms.No. 21, dated 02.02.2022, it cannot be said that the request of the petitioner should be shut out completely without any remedy particularly since the petitioner had made a request earlier online and within the prescribed period but it could not be processed due to reason which cannot be attributed to the petitioner. In view of these circumstances, this Court deems it fit and proper to direct the 1st and 2nd respondent to receive the representation of the petitioner filed in physical form and consider the same in accordance with law within a period of 3 weeks from the date of receipt of a copy of the order".
6. Since the case of the petitioners is also similar to that of the petitioners in W.P.No.28997 of 2022 and for reasons alike and in terms of the order in W.P.No.28997 of 2022, dated 18.07.2022, the respondent No.4 is directed to receive the applications filed by the petitioners herein for mutual transfer and thereafter, consider the same in accordance with law within a period of four weeks from the date of receipt of a copy of this order.
7. The writ petition is accordingly disposed of. There shall be no order as to costs.
Miscellaneous applications, if any pending, shall also stand closed.
_____________________________ JUSTICE P.MADHAVI DEVI Date: 19.09.2022 Note:
CC by 26.09.2022 B/o.bak THE HONOURABLE SMT. JUSTICE P. MADHAVI DEVI WRIT PETITION No. 36059 of 2022 Date: 19.09.2022 bak