IMPORTANT POINT
IMPORTANT POINT
The court ruled that the Transfer Guidelines for Telangana Model Schools are lawful and applicable to petitioners, as the ban on transfers does not extend to employees of the Society.

ORDER :

1. This Writ Petition is filed seeking the following relief:

“......declaring the action of the respondents particularly the 2nd respondent in issuing Telangana Model School teachers (regulation of Transfers) guidelines 2023 schedule thereof vide Rc. No. 1127/A2/ TSMS/2021 dated 03-07-2023 contrary to the orders issued by the Government of Telangana vide G.O.Ms. No. 81, Finance (HRM.I) Department, dated 18-06-2018 wherein ban on transfers imposed and the same is subsisting and without finalizing the seniority list in the category of PGTs working in Telangana Model Schools as directed by this Hon’ble Court in W.P. Nos. 35011 and 36093 of 2022 dated 17-11-2022 and the guidelines were issued to count the entitlement points on the basis of service and station points apart from that taking the age as criteria to award the entitlement points which is unheard of, arbitrary, illegal, unjust, contrary to the orders of the government of Telangana in G.O.Ms. No. 81, Finance (HRM.I) Department, dated 18-06-2018 and violation of Article 14, 16, 21 of the constitution of India and consequently hold that the petitioners are entitled for entitlement points at par with the individuals appointed in June 2013 pursuant to the notification number 01/RMSA/Model School/2012, dated 6/02/2012 with all consequential benefits and to pass such other order or orders as this Hon’ble court may deem fit and proper.”

2. Heard Sri A. Phani Bhushan, learned counsel for petitioners, Sri S. Rahul Reddy, learned Special Government Pleader appearing for Respondents 1 to 3, Sri G. Vidya Sagar, learned Senior Counsel representing Sri Sai Prasen Gundavaram, learned counsel for Respondents 4 to 33, Sri P. Venugopal, learned Senior Counsel representing Sri Ch. Siddartha Sarma, learned counsel for Respondents 34 to 44 and Sri M. Surender Rao, learned Senior Counsel representing Sri Srinivasa Rao Madiraju, learned counsel for Respondents 45 to 53.

3. Petitioners claim to have been appointed as Post Graduate Teachers (PGTs) through notification No. 01/RMSA/Model Schools/2012, dated 06.02.2012, in two spells i.e. in 2013 and 2014 and working as such till date under Respondents 2 and 3. While so, the 2nd respondent issued Telangana Model Schools Teachers (Regulation of Transfers) Guidelines, 2023, for the teachers working in Telangana Model Schools (in short ‘the Transfer Guidelines’) to be followed while effecting transfers. In this Writ Petition, petitioners raised the following issues for adjudication by this Court:

(1) Whether the Transfer Guidelines issued vide Rc. No. 1127/A2/TSMS/2021 dated 03.07.2023 are contrary to the orders issued by the Government of Telangana vide G.O.Ms. No. 81, Finance (HRM.I) Department, dated 18.06.2018.

(2) Whether the respondents have issued the final seniority list in the category of Post Graduate Teachers as directed by this Court in W.P. Nos. 35011 and 36093 of 2022 dated 17.11.2022.

(3) Whether awarding the entitlement points on the basis of service and station points is bad in law?

4. Learned counsel for petitioners contends that the Transfer Guidelines were issued contrary to G.O.Ms. No. 81, dated 18.06.2018 wherein the Government imposed ban on transfer of employees, as such, the 2nd respondent is estopped from issuing Transfer Guidelines. Further, the Head of the Department has also issued guidelines though ban on transfer issued by the Government is subsisting. Hence, the action of the 2nd respondent is illegal, unjust and contrary to G.O.Ms. No. 81, dated 18.06.2018. It is further contended that the Government of Telangana issued Memo No. 213/SEE.PROG.II/A2/1514, permitting the 2nd respondent to prepare a common merit list and to proceed with the appointment of PGTs. in Telangana Model Schools and till date, no such merit list was prepared by the 2nd respondent and the same was found fault by this Court in its common order dated 17.11.2022 in W.P. Nos. 35011 and 36093 of 2022, more specifically at Para No. 20.3. Learned counsel,