S.Naga Bushanam v. The District Educational Officer

HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.37036 OF 2018 ORDER:

1.

With the consent of both the Counsel, this writ petition is being disposed of at the admission stage.

2.

This writ petition is filed seeking to issue a writ of Mandamus declaring the action of the respondents in not considering the case of the petitioner for effecting transfer under the options provided under Edit options against any of the schools in Pinapaka Mandal, and freezing option under Web option, without changing the options under Edit option, as illegal and arbitrary, and consequently, to declare that the petitioner is entitled for transfer and posting in any one of the existing vacancies under Edit option in Pinapaka Mandal, Bhadradri Kothagudem District.

3.

Heard Sri P.V. Ramana, learned Counsel for the petitioner and the learned Government Pleader for School Education.

4.

It has been submitted by the petitioner that she was initially appointed as Secondary Grade Teacher on 28.2.2006 and thereafter, she worked at various places. Further, it has been submitted by the petitioner that Counseling was undertaken for transfers by the respondents in the month of

June, 2018 and initially, she opted four places as per web options and thereafter, the respondents have given facility of editing the earlier options and the petitioner has submitted revised options on 4.6.2018, but during counseling for transfers, the edited places of options for transfer were not reflected in the computers and consequently, her case was not considered. Further, it has been submitted that the petitioner submitted a representation to respondents Nos.2 and 3 on 18.7.2018 about non-display of her edit options for transfer during counseling. But the said representations are not being considered and on the other hand, the 2nd respondent directed the petitioner to approach the 3rd respondent as the options were not properly displayed during counseling. Further, it has been submitted by the petitioner that there are clear vacancies in the places which were opted by the petitioner and therefore, the representations of the petitioner may directed to be considered and appropriate orders may be directed to be passed.

5.

The learned Government Pleader for Education has contended that the exercise of transfer counseling has already been over, and at this stage, the case of the petitioner cannot be considered in view of the ban imposed by the State Government.

6.

This Court having considered the submissions made by the parties, is of the view that this writ petition can be disposed

of directing the 3rd respondent to consider the representation of the petitioner dated 18.7.2018 and pass appropriate orders. 7.

Accordingly, the Writ Petition is disposed of directing the 3rd respondent to consider the representation of the petitioner dated 18.7.2018 and pass appropriate orders, within a period of four (4) weeks from the date of receipt of a copy of this order. No costs. Consequently, miscellaneous petitions pending, if any, shall stand closed.

________________________________ JUSTICE ABHINAND KUMAR SHAVILI Dated:11th October, 2018.

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HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.37036 OF 2018 11/10/2018 Nn.