Katta Aruna, v. The State Of Telangana Rep. By Its Special Chief Secretary,

Date : 09.7.2018 Between:

Katta Aruna D/o late Satyanarayana Reddy 36 years, Junior Lecturer (Telugu) Govt Jr College, Domakonda, Kamareddy district Petitioner And The State of Telangana Rep by its Special Chief Secretary, Higher Education (IE I) Department, Secretariat, Hyderabad and others Respondents The Court made the following:

ORAL ORDER:

Petitioner is working as Junior Lecturer in Government Junior College, Domakonda, Kamareddy district. She has been working in the said place since 12.9.2012, therefore liable for transfer. Consequent to the lifting of the ban on transfers, transfer exercise is undertaken by the Intermediate Education Department. While relaxing the ban on transfer, Government notified guidelines vide G O Ms No. 61 dated 24.5.2018. Thereafter, Higher Education Department issued further guidelines in respect of Intermediate Education Department vide G O Rt No. 116 dated 6.6.2018.

2.

Petitioner applied for transfer and requested for priority consideration to her choice of posting on the ground that her mother is suffering from cancer and she needs regular treatment. Said request of the petitioner was not accepted and petitioner was transferred to Huzurnagar, Nalgonda district. According to learned counsel for petitioner, as per the transfer guidelines notified vide G O Ms No. 61 dated 24.5.2018 even the decease suffered by the parents also would entitle for request for appropriate choice of posting but same was deleted when the guidelines were notified vide G O Rt No. 116 dated 6.6.2018 and same is not valid in law. He would further submit that petitioner is unmarried and her mother is dependent on her and that it is her responsibility to take care of her mother and she should have been given appropriate choice of posting. According to learned counsel for petitioner, there are vacancies available and petitioner has submitted a representation and if direction is issued to consider such representation would suffice interest of the petitioner.

3.

Admittedly, transfers are governed by the guidelines notified by the Government. Government has authorized the departments

concerned to notify their own guidelines and Higher Education Department notified separate guidelines governing transfers of lecturers. Those guidelines do not envisage any priority consideration on health grounds, except for the concerned Lecturer and / or children. The general guidelines have no application to the Intermediate Education Department, in view of notification of separate guidelines issued vide G O Rt No. 116 dated 6.6.2018. As there is no priority assigned for ailment of parent in the transfer guidelines notified vide G O Rt No. 116 dated 6.6.2018, action of respondents transferring the petitioner to Huzurnagar, Nalgonda district cannot be faulted. Thus, no direction as sought for can be granted.

4.

In the circumstances, Writ Petition is disposed of leaving it open to the petitioner to pursue the representation stated to have been submitted by her with reference to choice of posting on health grounds of her mother. No costs.

Miscellaneous petitions, if any pending, are closed.

__________________ P NAVEEN RAO,J DATE:09-07-2018 TVK

Date : 09.7.2018