K. Vakula Devi v. The State Of Telangana

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI Writ Petition No.48113 OF 2018 ORDER:

This Writ Petition is filed challenging the appeal rejection order dated 19.09.2018 wherein the petitioner has preferred an appeal against the orders passed by the authority. The petitioner contends that she is working as School Assistant (Maths) at ZPHS (G), Pentlavelli, Kollapur Mandal, Mahabubnagar District. In the transfer counselling she has exercised option for various places. The case of the petitioner is that she was not considered for the post at Dhanwada and a junior to her by name Srinivas was considered in the said post. The learned counsel for the petitioner submitted that though the petitioner was transferred to one of the opted places, the grievance of the petitioner is that though the petitioner has exercised option to nearly 300 posts, her case was not considered for transfer counselling as per the points allotted to the petitioner, therefore, contends that the case of the petitioner can be considered for transfer in the existing vacancy at MPUPS, Malleboinapally, Jadcherla Mandal, Mahabubnagar District with all consequential benefits.

The learned Government Pleader for Services I contends that the case of the petitioner cannot be considered in the existing vacancy as those vacancies have to be notified in the transfer counselling and those vacancies will be filled up as per the transfer counselling. Since the case of the petitioner cannot be considered for a transfer in the middle of the academic year, the appellate

authority has rightly rejected the case of the petitioner with cogent reasons and there are no merits in this Writ Petition and hence the Writ Petition is liable to be dismissed.

This Court, having considered the rival contentions made by the learned counsel for the parties, is of the considered view that the appellate authority has rightly rejected the case of the petitioner. The case of the petitioner can be considered for transfer in the ensuing counselling during the current academic year, if the petitioner is otherwise found suitable and eligible for such transfer. For the present, this court is not inclined to interfere with the order passed by the appellate authority.

Accordingly this Writ Petition is dismissed. No order as to costs. As a sequel, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

------------------------------------------------------- JUSTICE ABHINAND KUMAR SHAVILI Dt: 02.01.2019 Kvsn