Junior Teachers Should Have Been Transferred First: Andhra Pradesh High Court Cancels Transfer Of Senior Teachers For 'Work Adjustment'

The Andhra Pradesh High Court has cancelled the transfer of Senior Teachers under the pretext of work adjustment of surplus aided teachers into the needy Aided Schools despite presence of Junior Teachers.

The Court was considering a Writ Petition seeking to declare the action of the Authorities to transfer the Senior Teachers as illegal, arbitrary, unjust, discriminatory and violative of Article 14 of the Constitution of India.

The Bench of Justice Challa Gunaranjan held, "....In terms of aforesaid guidelines, person who is junior most has to be first deputed on transfer and only thereafter, petitioner could have been transferred. The impugned order to the extent of transferring petitioner who is senior most without exhausting the transfers of juniors is clearly in contravention of the aforesaid clause."

The Petitioner was represented by Advocate Haranadha Raju Katta while the Respondent was represented by Government Pleader.

Facts of the Case

The Petitioner was working as a Secondary Grade Teacher in the Respondent's school for 33 years. He was aggrieved by the decision to transfer him under the pretext of work adjustment of surplus aided teachers into the needy Aided Schools despite the presence of his Junior Teachers.

Counsel for the Petitioner submitted that in terms of Clause 8(vii) of the Government Order, issued by stipulating norms to be followed for filling up vacant aided teacher posts besides guidelines to be adopted, it was stipulated that while undertaking rationalization exercise with respect to upper primary schools and high schools and whenever transfer of surplus teachers from one school to another school is contemplated, the same shall have to be done first by seeking options from willing teachers in affected school and failing which, as a second option, the transfers should be effected from junior most in the category of the post concerned in that school. It was thus averred that Petitioner has not given any such willingness, and when there were two juniors, the question of transferring Petitioner instead of first exhausting juniors does not arise.

Reasoning By Court

The Court accepted the submissions of the Counsel for the Petitioner and held that as per the clause, Senior Teachers could not have been transferred under the pretext of work adjustment of surplus aided teachers into the needy Aided Schools despite the presence of Junior Teachers.

The Petition was accordingly allowed.

Cause Title: K S Vijay Anand vs. The Government Of Ap and Others

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