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High Court for State of TelanganaWP/19983/2018dismissed no costs

T.Vijayasena Reddy, v. The District Educational Officer,

2018-06-15P Naveen Rao3 pages

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION Nos.19793 & 19983 OF 2018 DATED : 15.06.2018 W.P.No.19793 of 2018 :

Between :

Gopika Balaiah S/o.Kistaiah, Aged about 55 yrs 2 months, (Date of Birth 8-4-1963), S.G.Teacher, M.P.P.S., Badangpet, Balapur Mandal, Rangareddy District.

..

Petitioner And The District Educational Officer, Rangareddy District, Khairatabad, Hyderabad & others.

.. Respondents W.P.No.19983 of 2018 Between :

T.Vijayasena Reddy S/o.Parvathalu Reddy, Aged about 56 yrs (Date of Birth 3-10-1962), School Assistant (Bio.Science), U.P.School, Karmanghat, Balapur Mandal, Ranga Reddy District.

..

Petitioner And The District Educational Officer, Rangareddy District, Khairatabad, Hyderabad & Others. .. Respondents This court made the following :

- 2 - THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION Nos. 19793 & 19983 OF 2018 COMMON ORDER :

Heard learned counsel for the petitioners and learned Government Pleader for Services-I (TG).

2.

In these two writ petitions petitioners are working in the cadre of Secondary Grade Teacher and School Assistant respectively. They are now identified as to be compulsorily transferable as they have completed eight years of service in the present station. Petitioners pray to continue them in service in the present place of posting on the ground that they are due for retirement shortly.

3.

The transfers of teachers are governed by the Telangana Teachers (Regulation of Transfers) Rules, 2018 (for short 'the Rules, 2018') notified vide G.O.Ms.No.16 dated 06.06.2018. Rule 5 of the Rules prescribe criteria for transfers. According to this rule, the teachers who have completed eights years of service in a particular school, as on 31st May of the current year are to be compulsorily transferred. However, exemption is provided from disturbing such teachers who are going to retire within two years from 31st May of the current year. This provision is very clear and specific. The exemption from compulsory transfer is available only to teachers who are retiring before 31.05.2020 and all other teachers are liable for compulsory transfer.

4.

Petitioner in W.P.No.19793 of 2018 is retiring in April, 2021 and petitioner in W.P.No.19983 of 2018 is retiring in October, 2020. Thus, petitioners are not even in the vicinity of ceiling limit

- 3 - prescribed. It is also appropriate to note that in these writ petitions, petitioners are not challenging the Rule prescribing the limit of two years from 31st May of the current year to grant exemption from disturbance.

5.

Thus, I do not see any merit in the writ petitions. Writ Petitions are accordingly dismissed. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in these writ petitions shall stand closed.

__________________ P.NAVEEN RAO,J 15th June, 2018 Rds