Dukonda Lingam v. The State Of Telangana

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.20668 OF 2018 Dated:21.06.2018 Between:

Dukonda Lingam, S/o. Rajaiah, Aged about 46 years, Occ: Teacher, R/o. Mandapally Village, Chinakodur Mandal, Medak District .. Petitioner And The State of Telangana, rep., by its Principal Secretary, Department of School Education, Secretariat Buildings, Hyderabad and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.20668 OF 2018 ORDER:

Heard.

2.

Petitioner was appointed as Secondary Grade Teacher and posted at P.S. Nagireddypally Mandal Parishad, Siddipet Mandal. Subsequently, he was promoted as School Assistant and posted to U.P.S., Narsapur, Siddipet Mandal, vide proceedings dated 19.07.2015, but the same was cancelled and was later posted to Z.P.H.S., Madoor Shnakarampet-R Mandal. After joining in the said place, petitioner submitted representation requesting to transfer him to Z.P.H.S., Essanpalli, Siddipet Mandal. This request was considered and rejected by proceedings dated 06.12.2016 on the ground that the request of the petitioner is not feasible for consideration as there was ban on transfers of Teachers and during the ban period, he cannot be expected to be considered for transfer. Petitioner earlier filed W.P.No.

34101 of 2016 seeking to transfer from ZPHS Madoor Village Shankarampet-R District to ZPHS, Essanpally Village, Siddipet Mandal, Medak District. This Court by order dated 30.09.2016, disposed of the said Writ Petition directing the respondents to consider the representation submitted by the petitioner dated 12.09.2016 and pass appropriate orders in accordance with law.

3.

After lifting of ban on transfers, the Government notified the Telangana Teachers (Regulation of Transfers) Rules, 2018 (for short, 'the Rules') vide G.O.Ms.No.16, dated 06.06.2018 and transfers are taken up in terms of the said Rules. Thus, even if the order of rejection rejecting the request of the petitioner for transfer on 06.12.2016 is set aside, petitioner cannot automatically claim for transfer to a place of his choice unless his request is within the parameters of the Rules. Therefore, there is no merit in the Writ Petition.

4.

The Writ Petition accordingly dismissed. 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:21.06.2018 KH