K Madhavi Latha v. The District Educational Officer,

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.19489 OF 2018 Dated:14.06.2018 Between:

K. Madhavi Latha, W/o. P.V.N. Padma Raju, Aged about 48 years, Occ: School Assistant (Englisht), O/o. ZPHS Rajaram Dharmapuri Mandal, Jagithyal District .. Petitioner And The District Educational Officer, Karimnagar District and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.19489 OF 2018 ORDER:

Heard.

2.

Since 2015, petitioner is working as School Assistant (English) in the Z.P.H.S. Rajaram Mandal, Dharmapuri of Jagtyal District. According to petitioner, her husband is working as Deputy Superintendent Engineer (Civil) in Singareni Collieries Company Limited. She requests to transfer her to a nearby place of working of her husband.

3.

Consequent to the lifting of the ban on transfers, School Education Department notified the Telangana Teachers (Regulation of Transfers) Rules, 2018 (for short, 'the Rules, 2018') and undertaking exercise to consider transfer requests. 4.

As per the Rules, 2018, on spouse ground a request can be made for transfer and would carry ten (10) additional points provided the spouse is working in the same district. According to learned counsel for the petitioner, petitioner earlier availed this benefit and now she is not entitled to the said benefit. According to the Rules, 2018, petitioner is not liable for transfer as she has not completed minimum service of five years in the present station. However, she can apply for transfer. Even if she applies for transfer, she cannot claim any priority for transfer. 5.

Having regard to the peculiar problems faced by the petitioner, she seeks leave of the Court to submit a representation to the competent authority to grant relaxation of the relevant

provision to accommodate her at an appropriate place or nearer to the place of working of her husband.

6.

In view of the same, the Writ Petition is disposed of granting liberty to the petitioner to make a representation to the competent authority requesting to grant appropriate relief. If such representation is made by the petitioner, the competent authority shall consider the same in terms of the provision contained in Rule 31 of the Telangana State and Sub-ordinate Service Rules, 1996 and pass appropriate orders. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

____________________ P. NAVEEN RAO, J Date:14.06.2018 Note:- Issue C.C. tomorrow.

(B/o) KH