S. Nagesh Babu v. The State Of Telangana

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.21974 OF 2018 DATED :28.06.2018 Between :

S. Nagesh Babu I.D.No.1723062, S/o.Late S.Narsaiah, Aged 55 yrs, Occu : School Assistant (Physical Science), Zilla Parishad High School, Marlabeedu, Mandal Dharoor, Jogulamba Gadwal District, Telangana State.

..

Petitioner And The State of Telangana, Rep., by its Principal Secretary, School Education Department, Secretariat Buildings, Hyderabad & others.

.. Respondents This court made the following :

- 2 - THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.21974 of 2018 ORDER :

Heard.

2.

Petitioner is working as School Assistant in Zilla Parishad High School, Marlabeedu, Dharoor Mandal, from 24.07.2009. Consequent to lifting of ban by the Government notified vide G.O.Ms.No.16 dated 06.06.2018, petitioner participated in the transfer counseling in accordance with Rule 6 of the Telangana Teachers (Regulation of Transfers) Rules, 2018, (for short 'the Rules, 2018'), and also claimed 10 weightage points, as his wife is working as School Assistant, Social at Zilla Parishad High School, Jammichedu, Gadwal Mandal from 13.06.2011. Petitioner alleges that in the transfer counseling exercise this 10 weightage points were not granted to him thereby pushing down the petitioner in the entitlement list.

3.

Learned Assistant Government Pleader points out that if, petitioner, has any grievance regarding transfer counseling exercise, the Rules, 2018 provide remedy of appeal and petitioner ought to have availed the said remedy.

4.

Having regard to this submission, learned counsel for the petitioner fairly submits that petitioner may be granted liberty to avail the remedy of appeal.

5.

Having regard to the provision contained in Rule 16 of the Rules, 2018, liberty is granted to the petitioner to avail the remedy of appeal on the grievance agitated in this writ petition. It is

- 3 - needless to observe that if the appeal is preferred within the time prescribed in the Rules, 2018, the same may be considered and disposed of under Sub-clause (2) of Rule 16.

6.

With the above observations, the Writ Petition is disposed of. There shall be no order as to costs.

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

__________________ P.NAVEEN RAO,J 28th June, 2018 Rds