N. Seetaram v. The State Of Telangana

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.30832 of 2018 ORDER :

The petitioner was working as a School Assistant (Mathematics) in Ponnekal, Khammam District. In the transfer counselling exercise undertaken by the School Education Department, pursuant to lifting of ban on transfers, the petitioner applied for transfer. However, the petitioner was transferred to Zilla Parishad High School, Sujatha Nagar, which is now forming part of Bhadradri Kothagudem District. Aggrieved by the said order of transfer, the petitioner preferred an appeal and the same is rejected by the order impugned in the writ petition. According to the learned counsel for the petitioner, the petitioner's wife, who was also working in Ponnekal as a Secondary Grade Teacher, is now posted to a School in Vallabhi in the transfer counselling exercise and the distance between these two places is more than 100 kilo meters. Since both spouses were working in the same District, they ought to have been accommodated in the appeal preferred by the petitioner. Though this plea was also raised, the same was not considered even though vacancies were available.

The reason assigned for rejecting the appeal is that since the petitioner did not apply for granting of weightage points on spouse ground, weightage points were not assigned and as per normal procedure for allotment of teachers, allocation was made. It is not in dispute that the petitioner has not sought for grant of weightage points on the spouse ground. Therefore, in the appeal, the petitioner cannot request for proper posting on the spouse ground. I do not see any error in the decision rejecting the appeal filed by the petitioner.

Learned counsel for the petitioner submits that liberty be granted to the petitioner to make a representation to the Government. Notwithstanding dismissal of the writ petition, it is open to the Government to consider the request of the petitioner within the parameters of accepting such a request for transfer, as and when a representation is made.

The writ petition is, accordingly, dismissed. Pending miscellaneous petitions, if any, shall stand closed.

___________________ P.NAVEEN RAO, J 30th August, 2018 JSU

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.30832 of 2018 DATED : 30.08.2018 JSU