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2024 DIGILAW 737 (TS)

S. Venkata Ramesh v. Government of Telangana

2024-09-12

NAGESH BHEEMAPAKA

body2024
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. 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. 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, while drawing the attention of this Court to guideline No. 7 of the Transfer Guidelines, which deals with the entitlement points for duties and stipulates awarding of ‘3’ points for every year of service ‘0.25’ for every completed month for category-III employees, ‘2’ points for every year of service ‘0.16’ for every completed month for category-II employees and ‘1’ point for every year of service ‘0.083’ for every completed month for category-I employees, has vehemently contended that if the said guideline is allowed to be followed, some of the petitioners, who were appointed in 2014, will again be discriminated by the respondents as they were appointed subsequent to first phase recruits due to administrative delay and non-implementation of the orders of the Hon’ble Supreme Court and they will be at loss of service weightage in respect of 1 year 4 months period. Thus, the learned counsel contended that the said guideline discriminates the equals as unequals as all the recruits were appointed pursuant to the same notification of 2012. Learned counsel has further contended that as per guideline 7 (III)(ii), in case where the entitlement points of two or more persons are equal, then their inter se seniority shall be determined on the basis of seniority in the cadre, however, without preparing any seniority list in the cadre of PGTs, the 2nd respondent straight away formulated the above guidelines without application of mind. In support of his contentions, learned counsel has relied on: (1) Order dated 11.10.2011 passed in W. P No. 24447 of 2011. (2) Judgment dated 27.04.2017 passed in W.A. No. 887 of 2011. 5. The contentions advanced by the learned Senior Counsel as well as learned Special Government Pleader are summarised hereunder: As per the existing service Rules of Model schools, the Executive Committee of Telangana Model Schools Secondary Educational Society (TMSSES) is competent to prepare guidelines to the teachers working under Respondents 2 and 3 Society and hence, there is no deviation of G.O.Ms. No. 81, dated 18.06.2018. No. 81, dated 18.06.2018. Further, the Government issued Memo, dated 29.08.2022, for alignment of employees working in Telangana Model Schools into local cadre stipulated in Presidential Order2018 on par with other Societies. In order to implement the said GO, provisional seniority lists among the staff working in Model Schools were announced in proceedings in Rc. No. 1643/A2/TSMS/2019, dated 29.08.2022. Aggrieved by the said G.O. certain teachers filed Writ Petition No. 34870 of 2022 which is still pending adjudication before this Court. Similarly, Writ Petitions No. 35011 and 36093 of 2022 were filed challenging the provisional seniority list prepared by the 3rd respondent office vide Proceedings Rc. No. 1643/A2/TSMS/2019 dated 29.08.2022 and this Court vide judgment dated 17.11.2022 duly setting aside the provisional seniority list and directed to draw a combined merit list of direct recruits by interspersing Telugu Medium and English Medium PGTs. Pursuant to the orders of this Court, the 3rd respondent had re-drawn provisional seniority list as per merit and objections, if any, received will be examined and final seniority list will be communicated to the petitioners and others. It is further contended that the transfer of teachers of Model Schools was not conducted from the date of inception of Model Schools i.e., from 2013 onwards and almost all the petitioners working in Model Schools have completed 10 years from the date of their appointment and there are institutional problems arising which necessitated to take up the transfers at this juncture to avoid mental agony among all the staff of the Model Schools. It is specifically pleaded by the learned Special Government Pleader that almost all the staff, including petitioners, are falling under compulsory transfer category as per the general transfer policy issued by the Government from time to time. Further, transfers are to be conducted by taking the date of joining of the teachers and entitled points are also to be fixed as per their eligibility. Therefore, it is contended that there are no merits in the writ petition. Reliance has been placed on the following judgments: (1) Dr. N. Ram Gopal v. Executive Officer, Tirumala Tirupati Devastanam, 2005 (6) ALD 255 (2) Ch. Raji Reddy v. APSRTC, 2003 (4) ALD 96 (3) Order dated 11.12.2023 passed in I.A. Nos. 3 & 6 of 2023 in W.P. No. 3869 of 2023 6. Reliance has been placed on the following judgments: (1) Dr. N. Ram Gopal v. Executive Officer, Tirumala Tirupati Devastanam, 2005 (6) ALD 255 (2) Ch. Raji Reddy v. APSRTC, 2003 (4) ALD 96 (3) Order dated 11.12.2023 passed in I.A. Nos. 3 & 6 of 2023 in W.P. No. 3869 of 2023 6. This Court has scrupulously considered the submissions made by the respective parties and perused the material on record. 7. According to the official respondents, the Executive Committee of the 3rd respondent Society is competent to frame guidelines to the teachers working in Model Schools and G.O.Ms. No. 81, dated 18.06.2018, has no application. It is relevant, at this stage, to have a glance at paragraph 8 of the said G.O. which is as under: “All the Departments of Secretariat and Heads of Department shall follow the above orders scrupulously.” 8. On a close scrutiny of the above, this Court is of the view that ban on transfers and postings of employees is applicable only to Government employees and the said G.O. has no application in respect of petitioners and unofficial respondents herein, who are working under Society. 9. Further perusal of the record discloses that, admittedly, in pursuance to the notification issued for recruitment of Principals/PGTs/TGTs in 2012 vide notification No. 1/RMSA/2012, dated 06.02.2012, petitioners, unofficial respondents and others were appointed in two different spells i.e. in 2013 and 2014 respectively. Further, pursuant to the order dated 30.09.2013 passed by the Hon’ble Supreme Court in C.A. No. 9103/2013 and C.A. No. 9104/2014, some of the petitioners were issued appointment orders on 21.09.2014 and posted at their respective places of posting. Relevant portion of the order dated 30.09.2013 passed by the Hon’ble Supreme Court is reproduced hereunder for better understanding of the matter: “In view of the order dated 30-09-2013, which is made absolute, Civil Appeal No. 9104/2013 is also disposed of making it clear that as far as appointment to the post of Principal and Post Graduation Teachers are concerned, it will be open to the State Government to make the appointment on the basis of merit, irrespective of the medium of instruction.” 10. As per the order, dated 30.09.2018 passed by the Hon’ble Supreme Court, it is thus clear that the 3rd respondent has to prepare a common list of candidates/recruits, based on their marks and irrespective of Medium of Instruction, pursuant to the notification dated 06.02.2012. While so, the 2nd respondent prepared a provisional seniority list in respect of Principals/PGTs/TGTs working in Model Schools in the State vide ROC No. 1643//A2/TSMS/2019, dated 29.08.2022 calling for objections on or before 04.09.2022. Aggrieved by the said provisional seniority list, some of the PGTs. Filed Writ Petitions No. 35011 and 36093 of 2022 and a Division Bench of this Court disposed of the said two Writ Petitions vide common order dated 17.11.2022 directing the respondents as under: “26. Thus, the provisional seniority list impugned herein is vitiated on several counts, ex-facie illegal, contrary to statutory mandate, principles of law and directions of Hon’ble Supreme Court. It amounts to arbitrary exercise of power. It deserves to be set aside and is accordingly set aside. The respondent-employer is directed to draw combined merit list of direct recruits of 2012 by interspersing Telugu medium and English medium Post Graduate Teachers and then to determine inter se seniority of direct recruits based on the merit secured by them, without regard to date of joining and roster points for reservation.” 11. According to respondents, pursuant to the said orders, Respondents 2 and 3 had re-drawn the provisional seniority list on the basis of merit, communicated the same to the individuals concerned duly calling for their objections, if any and the objections received are under examination and the final seniority list is yet to be finalized. 12. In view of the fact that petitioners were appointed in two different spells i.e. in 2013 and 2014, pursuant to one notification issued in 2012, to be specific, on 06.02.2012, and having regard to the specific directions/orders of the Hon’ble Supreme Court in C.A. No. 9103/2013 and CA No. 9104/2014, dated 16.03.2018, and Division Bench of this Court in W.P. Nos. 35011 and 36093 of 2022, dated 27.11.2022, respondents are bound to prepare a combined merit list of all the candidates appointed in 2013 as well as 2014 by interspersing Telugu medium and English medium PGTs. and then to prepare inter se seniority list of direct recruits basing on the merit secured by them without regard to their date of joining. 13. and then to prepare inter se seniority list of direct recruits basing on the merit secured by them without regard to their date of joining. 13. As regards entitlement points, it is necessary to extract Guideline 7 of the Transfer Guidelines, which reads as under: (I) Common points: Entitlement points shall be awarded to the Principal, PGT & TGTs who applies for Transfer in the following manner: (a) For service in the present School, basing on its location as per the following scale, as on 1st May of the current year: (i) Service in Category-III areas: Three (3) points for every year of service viz. 0.25 points for every completed month. (ii) Service in the Category-II areas: Two (2) points for every year of service viz. 0.16 points for every completed month. (iii) Service in Category-I areas: One (1) point for every year of service viz. 0.083 points for every completed month. 14. In view of the fact that petitioners are working physically in the present Station only since 2014 coupled with the provision of Rule 7 of the Transfer Guidelines, referred to supra, this Court is of the view that they are eligible to be awarded with entitlement points from the date of joining in their respective place of work only. Further, in Writ Petition No. 34870 of 2022, dated 08.09.2022 wherein the challenge was made to the Memo, dated 29.08.2022 issued by the Secretary to the Government of Telangana School Education Department whereunder the Government has accorded permission to the 2nd respondent to follow the spirit of Presidential Order-2018 issued in G.O.Ms. No. 317, GA (SPF) Dept. dated 06.12.2021 for alignment of employees working in Telangana Model Schools into local cadre on par with other Societies, the Division Bench of this Court granted interim stay of Memo dated 29.08.2022. Therefore, the contention of petitioners is that transfers cannot be affected without any Unit of appointment, cannot be countenanced. Here, it is pertinent to note that, admittedly, petitioners were appointed as PGTs pursuant to the notification issued by Respondents 2 and 3 vide Notification dated 06.02.2012, issued based on the service Rules for the employees in Telangana Model School, 2018, and G.O.Ms. No. 25, dated 13.12.2019. Here, it is pertinent to note that, admittedly, petitioners were appointed as PGTs pursuant to the notification issued by Respondents 2 and 3 vide Notification dated 06.02.2012, issued based on the service Rules for the employees in Telangana Model School, 2018, and G.O.Ms. No. 25, dated 13.12.2019. As per 2018 Service Rules, Unit of Appointment for the purpose of direct recruitment and transfer to the post of Principal, Model School shall be the State of Telangana; for the posts of PGTs and TGTs of Model Schools, shall be the zones concerned of Telangana and Transfers will be affected based on the Guidelines issued by the Telangana Model Schools Secondary Education Society from time to time. In the above backdrop, this Court is of the considered view that alignment of the employees working in Telangana Model Schools into local cadre on par with other societies, which is the subject matter of Writ Petition No. 34870 of 2022, is altogether a different issue with the present writ petition wherein only transfers are sought to be affected by the official respondents on several administrative grounds. Therefore, the reliance placed by the learned counsel for petitioners, in this regard, is misplaced. 15. Further, before the Division Bench in Writ Petition No. 3869 of 2023, some of the teachers of Telangana Tribal Welfare Residential Educational Institutions Society have assailed the validity of the Memo dated 05.07.2022 and order of allotment dated 26.09.2022 which brings the Society within the purview of Telangana Public Employment (Organization of the Local Cadres and Regulations of direct recruitment) Order, 2018, on the ground that the Presidential Order issued under Article 371D of the Constitution of India applies only to the post in the State Government and not to the post in the Society. In I.A. Nos. 3 & 6 of 2023 in said writ petition, the Division Bench vide order, dated 11.12.2023, held as under: “The issue whether the Presidential Order applies to the Society shall be adjudicated at the time of hearing the petition. Pending adjudication of such an issue, it is clarified that the stay granted by a Bench of this Court on 13.02.2023 in respect of memo dated 05.07.2022 and order of allotment dated 26.09.2022 shall operate only in respect of the writ petitioners. Pending adjudication of such an issue, it is clarified that the stay granted by a Bench of this Court on 13.02.2023 in respect of memo dated 05.07.2022 and order of allotment dated 26.09.2022 shall operate only in respect of the writ petitioners. In other words, the official respondents shall be at liberty to post the private respondents as per the memo dated 05.07.2022 and order of allotment dated 26.09.2022.” 16. From the above, it is clear that the Division Bench has categorically confined the interim orders only in respect of petitioners therein and therefore, the said order may not be necessarily applied to the facts of the present case. 17. The Writ Petition is accordingly, disposed of directing the respondents to affect transfers keeping in view the Telangana Model Schools Teachers (Regulation of Transfers) Guidelines, 2023, for the teachers working in Telangana Model Schools vide R.C. No. 1127/A2/TSMS/2021, dated 03.07.2023, duly issuing a final seniority list and by awarding entitlement points as stated in the paragraphs supra, strictly in accordance with law. No costs. 18. Miscellaneous applications, if any, pending in this writ petition shall stand closed. No order as to costs.