Justice B. Vijaysen Reddy of Telangana High Court on Monday passed an interim direction suspending Government Order (Routine) no. 402 pertaining to mutual transfers of government school teachers within erstwhile undivided 10 districts (which are now reconstituted into 33 districts).
The judge observed that the GO was in violation of the new Presidential Order brought in after formation of the new districts. Thirty teachers working in Jayashankar Bhupalpally district moved the High Court questioning GO 402 which protects seniority of teachers getting allotted to the newly created districts through mutual transfers.
The petitioners, 30 teachers, got appointed as secondary grade teachers in erstwhile undivided Warangal district. As per GO 317 issued in accordance with the new Presidential Order, they were allotted to the newly constituted Jayashankar Bhupalpally district. They would be accorded seniority secured as per their service in the new district.
Meanwhile, GO 402 was also issued with regard to allotment of teachers based on mutual consent. According to the petitioners, teachers joining new district based on mutual transfer should forego their seniority and should be given last rank in the newly created district cadre.
The petitioners contended that, while Presidential Order made it mandatory to assign last rank to the teachers allotted on mutual transfer basis, GO 402 was issued protecting seniority of the teachers allotted to a new district based on mutual consent.
Counsels for the petitioners N.S. Arjun Kumar and M. Ramgopal Rao argued that State government cannot modify the Presidential Order. The protection of seniority given to teachers through GO 402 was arbitrary and illegal, they contended. If the State government wanted to remove the provision relating to foregoing seniority of mutually transferred teachers, it had to be ordered by the President, they told the court.
The judge directed the State government to file counter affidavits in the matters by June 20 while temporarily suspending GO 402.
