WP/25443/2020 of Smt. Majji Sridevi, Vs The State of Andhra Pradesh, on 31 December 2020

ORDER :

This petition is filed under Article 226 of the Constitution of India claiming the following relief:- “to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in not awarding the spouse points (i.e. 5) to the petitioner in the ensuing transfer counseling on the ground that the petitioner’s husband retired from service on 31.10.2020, but the fact that he is in service as on 01.10.2020, which is the cut of date prescribed in Guideline No.2(i)(b) of the Transfer Guidelines of the G.O.Ms.No.54, dated 12.10.2020, is illegal, arbitrary, unjust improper, contrary to the transfer guidelines issued in G.O.Ms.No.54, dated 12.10.2020 and in violation of principles of natural justice guaranteed under Article 14, 16 and 21 of the Constitution of India consequently direct the respondents to consider the case of the petitioner for transfer in the present ensuing transfer counselling by awarding 5 spouse points as per Guideline No.2(i)(b) and Guideline No.7 of transfer guidelines issued in G.O.Ms.No.54, dated 12.10.2020 and to pass such other order or orders.”

2. The petitioner is working as School Assistant. The State has issued G.O.Ms.No.54 School Education (Ser.II) Department, dated 12.10.2020, along with the said G.O., the Government has also issued transfer guidelines for transfer of Teachers and Headmasters Grade-II. As per the said G.O., there is a specific guideline for awarding points in spouse case Special Points (Extra points) under Guideline No.7 (ii).

3. The petitioner initially joined in service as Secondary Grade Teacher (SGT) on 21.01.1998 and thereafter she was promoted to the post of School Assistant (Non Languages) and posted to Z.P.High School (Girls), Alamanda, Jami Mandal on 06.06.2011, since then, she has been discharging her duties with utmost sincerity, honesty and devotion to duty. Husband of the petitioner is also working as School Assistant (Biology) at Z.P. High School, Gunkalam, Vizianagaram Mandal & District and on attaining the age of superannuation, he retired from service on 31.10.2020. The petitioner submitted her application in the present transfer counseling through online, requesting for transfer, basing on the G.O.Ms.No.54, dated 12.10.2020 by duly enclosing the spouse employment certificate and declaration form as specified in the said G.O. But to the utter surprise and dismay of the petitioner, the respondent authorities removed the spouse case special points from the entitlement, due to which, she is getting less points i.e., 35.3484 instead of 40.3484 points, and as such, her case is not under consideration in the present ensuing transfer counselling.

4. As per Guideline No.2(i)(a) &(b) i.e., criteria for transfers, states that those teachers who have completed 8 Academic years of service as on date of closures of schools in a particular school in the Academic year 2019-2020 shall be transferred compulsorily (more than half the Academic year would be considered as a complete full year for this purpose and less than half would not be considered i.e., who joined before 18.11.2012 in the case of teachers). Further, those who are going to retire within two years from 1[st] October of the year in which transfers are to be taken up shall not be transferred until and unless the incumbent requests for such transfer. As per the Guideline No.2(i)(b) of the transfer guidelines, the petitioner is eligible for transfer as she made an application for transfer in the present transfer counselling on the spouse ground also.

5. It is contended that failure to allot specific points on spouse ground is an arbitrary act of the respondents and therefore the petitioner requested to issue a direction as stated supra.

6. During hearing, learned counsel for the petitioner- Sri G.V.L.Murthy, reiterated the above contentions, mostly concentrated that failure of the respondent to award 5 points on spouse ground, as per Guideline No.7 (ii) and if 5 points are awarded to the petitioner on spouse ground, she would get 40.3484, and thereby, she is entitled for transfer on spouse ground. Denial of 5 points on spouse ground is an arbitrary act and requested to issue necessary direction.

7. Learned Government Pleader for Services-III - Sri Bheema Rao, appearing for respondents, contended that, as per Guideline No.7, the teachers are entitled to claim 5 points on spouse ground, but the petitioner’s spouse i.e., her husband retired from service on 31.10.2020, however, the cut of date was 01.10.2020, as per the Guideline No.7. Therefore, she is not entitled to claim any points on spouse ground and requested to pass appropriate orders.

8. The undisputed facts are that this petitioner served for 8 years in the present school as School Assistant and her spouse has also working at Vizianagaram as on cut of date i.e., 01.10.2020, but he retired from service within one month after the cut of date i.e., 31.10.2020, but as on the cut off date, he was in service, thereby she is entitled to claim 5 points.

9. As per Guideline No.7(ii), the teacher whose spouse belongs to State Government or Central Government or Public sector undertaking or local Body, A.P. Residential Educational Institutions Societies, Aided Institution or A.P.Model Schools and working in the same district/zonal cadre and adjacent district. Headmasters/ Teachers may opt for transfer to a place within the District or to Adjacent Mandal/Division to the neighbouring District towards the nearer place of working of his/her spouse. The benefit of spouse points shall be applicable to one of the spouses once in 5/8 years only. An entry to this effect shall be recorded in the SR of the Headmaster/Teacher concerned under proper attestation. Therefore, such spouse is entitled to claim 5 points as shown in 3[rd] column.

10. In the present case, the petitioner is working as School Assistant in Vizianagaram District as on cut off date i.e., 01.10.2020 and her spouse i.e., her husband has also working in the same District i.e., Gunkalam, Vizianagaram, and he retired from service within one month from the cut of date. But she is entitled to claim 5 points as per Guideline No.7(ii) of the guidelines annexed to G.O.Ms.No.54 dated 12.10.2020.

11. Learned Government Pleader for Services-III has agreed that the petitioner is entitled to claim spouse points 5 on the ground of spouse, but expressed his inability to say whether 5 points are awarded to her in the present counseling. However the facts are not in dispute regarding working of the petitioner and her husband at different stations in the same District as on cut of date, she is entitled to claim 5 points as per Guideline No.7(ii).

12. In view of the foregoing reasons, the concerned respondent authorities are directed to award spouse ground additional/special points as per the Guideline No.7(ii), to the petitioner and consider her case afresh in the present transfer counselling.

13. With the above observation, the Writ Petition is disposed of. No costs.

As a sequel, all the pending miscellaneous applications shall stand closed.

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M. SATYANARAYANA MURTHY, J.

Date : 31-12-2020 Gvl

HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY

WRIT PETITION No.25443 of 2020

Date : 31.12.2020

Gvl