G.O.Ms.No. 32 Dt. 4.6.17AP Teachers Transfers Norms and Guidelines Amendment

GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

Rules - The Andhra Pradesh Teachers (Regulation of Transfers) Rules - Orders – Issued.

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SCHOOL EDUCATION (Ser.II) DEPARTMENT

G.O.Ms.No. 32                                                                                                Dated 04.06.2017.

                                      Read the following:-

         1. G.O.Ms.No.63, Education (Ser.II) Department, Dated:31.08.2015.

         2. The CSE Lr.No.4102/Est –III/2015 dated 23.3.2017.

         3. The CSE Lr.Rc.No.190/Est-III/2017, Dated: 10.04.2017.

         4. G.O.Ms.No.31, School Edn.(Ser.II) Dept., dt.31.05.2017.

        

O R D E R:-

In order to facilitate and regulate the transfers of Headmasters Grade II Gazetted and teachers working in Government / ZPP / MPP schools in Andhra Pradesh School Education Service and the Andhra Pradesh School Education Subordinate Service, Government have decided to issue rules relating to transfers.

2.         Further, under Right to Education (RTE) Act 2009, every child in the age group of 6 to 14 years is to be provided upto eight years of Elementary Education on admission to an age appropriate class in the vicinity of his / her neighborhood. Further, there is a need to rationalize the staff in schools and posts in Primary, Upper Primary and High Schools as there are some schools with higher enrolment of students vis-à-vis the sanctioned teaching posts and on the other hand there are some schools with uneconomic enrolment of students with more than the justified teacher posts. Government desires to ensure appropriate school/class level teacher – pupil ratio and strengthen academic monitoring / support to teachers at mandal and divisional level. Keeping the above in view, there is a need to regulate the staffing pattern by way of transfers.

3.         The Commissioner of School Education will take action to call for the applications for transfer of teachers through online and conduct web counseling duly obtaining the options every year after the closure of academic session for that year. A proper time schedule would be announced by the Commissioner of School Education for this purpose which will lay out all the details including time frame for application, counseling, grievance redressal, issue of orders and relief and joining of HM/teachers. The Headmasters/teachers shall apply online at the IP address given for the purpose.

           

4.         For the purpose of Transfers of Teachers, the assessment of Teacher posts required in any school will be based on U-DISE of the previous academic year with cutoff date as 31^st December duly certified.

5. The Commissioner of School Education shall be competent to remove difficulties/ issue clarification for smooth and proper implementation of these orders. Govt will be competent to modify/ amend these rules, if required at any point of time.

6.       Government in the Department of School Education, shall be competent to transfer teachers if required, on administrative grounds, outside these rules/framework and time schedule during an academic calendar.

7.       Work adjustments orders to shuffle teachers can be carried out by the Commissioner of School Education during an academic calendar year to ensure proper and optimum utilization of HM/Teachers in schools wherever their services are required for the purpose of better academic performance of the students.

8.         This order issues with the concurrence of Finance (HR.I) Dept., vide their U.O.No.FIN-30024/70/2017-SO(HR.I), dated 24.05.2017.

9.         In exercise of the powers conferred by Section 78 and 99 of A.P. Education Act 1982 (Act 1 of 1982) and under Article 309 of the Constitution of India and in supersession of all the earlier Rules and guidelines on transfer of teachers and also in supersession of rules issued in G.O.Ms.No.31, School Education (Services.II) Department, dated 31.05.2017, the Government of Andhra Pradesh hereby makes the following Rules regulating the transfers of the categories of Headmasters Gr.II Gazetted, School Assistants and Secondary Grade Teachers and their equivalent categories in the A.P. School Education Service and in the A.P. School Education Subordinate Service working in the Government Schools and Z.P.P. and MPP Schools in the State.

A.P.Teachers (Regulation of Transfers) Rules

1.

Short Title and Applicability:

(i)

These rules may be called the Andhra Pradesh Teachers (Regulation of Transfers) Rules.

(ii)

These rules shall be applicable to Headmaster Gr.-II Gazetted in the Andhra Pradesh School Education Service and School Assistants / Secondary Grade Teachers and other equivalent categories in Andhra Pradesh School Education Subordinate Service, herein after referred to as Teacher in these Rules.

(iii)

These rules shall come into force with immediate effect.

2.

Criteria for Transfers

(i)

The following categories of Headmasters Gr.II Gazetted / Teachers in the Government / ZPP /MPP shall be transferred.

(a)

Those Teachers who have completed 8 Academic calendar years of service and those Head Masters Gr.II who have completed 5 years of service as on date of closure of schools in a particular school in the Academic year in which transfers are to be taken up 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).

(b)

Provided those who are going to retire within two (2) years from 30th June of the year in which transfers are to be taken up shall not be transferred until and unless the incumbent requests for such transfer.

(ii)

(a)

The male Headmaster Gr.II / Teacher aged below 50 years as on 30th April of the year (in which transfers are to be taken up), and working in Girls High School.

(b)

If no women Headmasters Gr.II / Teachers are available to work in Girls High Schools, then the male Teachers who crossed 50 years of age as on 30th April of the year, in which transfers are to be taken up, may be considered for posting to such schools.

(iii)

Headmaster Gr.II / Teachers who have completed a minimum period of two years-service in a School as on 30th April of the year, in which transfers are to be taken up, shall be eligible to apply for transfer.

(iv)

(a)   The teachers being shifted on merging of Primary Schools, Upper Primary Schools and High Schools shall be preferably posted to those schools where such new posts have come up due to rationalization. In case such Teacher is not willing for that, they can be allowed to participate in the transfer counseling by following the norms. (b)   Criteria for identification of teachers being shifted on Rationalization: Junior teacher as per the service in the cadre. If senior is willing, senior teacher may be shifted duly obtaining a declaration counter signed by the inspecting officer concerned. If a teacher who completed 8 academic calendar years of service is available, he / she shall be shifted at first instance. Requirement of teachers in such schools where inadequacy of teachers exists would be preferred.

(v)

The Headmasters Gr.II Gazetted and Teachers who have completed 5 years of service and 8 Academic calendar years of service respectively as NCC officer should be posted in a vacancy in a school where there is NCC unit.

(vi)

Preference shall be given to Head Master Gr-II, who have studied the language concerned (Urdu / Tamil / Kannada / Oriya) Language as 1st Language as main subject to the respective Medium Schools.

(vii)

The number of years of service completed in a particular school, in all cadres should be taken into consideration.

(viii)

Visually challenged teachers are exempted from transfers. However, if such teachers desire to apply for transfer, they may apply for transfer counseling.

(ix)

(a)  Transfers shall be effected from within the Present Management in which the teacher / Headmaster Gr.II is working. (b)  If the Teacher / Headmaster Gr.II desires to go to his / her parent management such Teacher / Headmaster Gr.II may opt for transfer to only those vacancies available in their parent management. (c)   Transfers shall be effected from Agency Area to Plain Area and Plain Area to Agency Area (except local Scheduled Tribe Teachers working in Agency Area) (d)  As per G.O.Ms.No.3 Tribal Welfare Department, Dated:10.01.2000, Headmasters/ Teachers belonging to local tribes are to be posted in Agency areas. (e)  Non Tribal Headmasters/Teachers currently working in Schools in agency areas may also apply for transfers to plain area. (f)    Normally as per G.O.Ms.No.3, Dated: 10.01.2000, teachers working in Plain areas may not be posted to Agency Area. However, if there are large number of vacancies in Agency Area, Plain Area teachers shall be posted in Agency Area on tenure basis, temporarily for a maximum period of 2 years in the interest of Tribal students and for continuing instruction in the schools in Tribal Area. Such teachers shall be reposted to plain areas as and when the post is filled with a tribal teacher through recruitment or on completion of 2 years tenure whichever is earlier. (g)   If the vacancy of teacher post could not be filled in Tribal areas, junior most surplus teacher/s in plain area shall be deputed temporarily after completion of transfer counseling.

3

Schedule for Transfers

The Commissioner of School Education shall draw schedule and communicate the same to the competent authorities for effecting transfers from time to time. The Commissioner of School Education shall also facilitate the process through appropriate Information Technology (I.T) solution.

4

Transfers Counseling

All the transfers shall be processed by applications filed and options exercised through an online processes.  Counseling shall be conducted by the Committees constituted for this purpose in each district / zone.

5

Competent Authority for Postings & Transfers

The appointing authority concerned shall issue transfer and posting orders based on the final outcome of the web options exercised by the Teachers.

6

Entitlement Points – Common Points

Entitlement of points shall be awarded to the Headmaster Gr.II / Teachers service rendered in the present school, category as on 30th April of the year in which transfers are to be taken up in the following manner:

POINTS

(i)

(a)

For every year of service in category IV areas

2

(b)

For every year of service in Category III areas

1

(c)

For every year of service in Category II areas

0.5

(d)

For every year of service in Category I areas

0

Note:- for maximum 8 years of service @2 points per year  total comes to 16 points

16

(ii)

The Habitations / Towns shall be classified under following categories, viz,

Category – I

All Habitations / Towns where 20% and above HRA is admissible

Category – II

All Habitations / Towns where 14.5% and above HRA is admissible

Category –III

All Habitations / Towns where 12% and above HRA is admissible

Category-IV

All Habitations where 12% HRA is admissible, and which do not have connectivity through an all-weather road as per the norms of Panchayat Raj (Engineering) Department

-      In case of Villages / Towns which were in one category earlier and later changed to the other category (as per HRA / Road condition) in such cases the entitlement points may be calculated proportionately.

(iii)

The District Collector & District Magistrate shall publish the list of Habitations & Category in the district which do not have connectivity through an all-weather road as per the norms of Panchayat Raj (Engineering) Department in consultation with the Superintending Engineer, P.R. of the district and the same shall be final.

(iv)

For the Service rendered:

0.5 points for every year of completed service in the total service in all categories as on 30th April of the year in which transfers are to be taken up.

Total Entitlement Points should not be exceed  28

7

Special Points (Extra Points):

POINTS

(i)

The President and the General Secretary of the recognized Teachers’ Unions at the State and District Levels.

5

(ii)

Un-married female Teacher

5

(iii)

Teacher whose spouse belongs to State Government or Central Government or Public Sector undertaking or Local Body or Aided Institution or A.P. Model Schools under Aided post category and working in same District / Zonal Cadre or Adjacent District. Headmasters/Teachers may opt for transfer to a place within the District or to Adjacent Mandal / Division to the neighboring 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. A copy of certificate issued by the competent authority shall be enclosed to the check list to consider cases under this category

5

(iv)

Gr.II Headmasters/Teacher who is working as NCC Officer / Bharat Scout and Guides, and completed 5 years of service and 8 Academic calendar years of service in the school respectively as on date of closure of schools subject to submission of certificate issued by the Designated Commandant Officer.

2

(v)

Headmasters/Teachers willing to work in Tribal Area on tenure basis temporarily for a maximum period of 2 years in the interest of Tribal students and for continuing instruction in the school. Such teacher shall be replaced as and when the post is filled with a tribal teacher / candidate or on completion of 2 years tenure, whichever is earlier. In such cases it is compulsory to give 1st five options to schools located in Tribal areas.

2

(vi)

Headmasters/Teachers  Registered in A.P. eKnowledge eXchange (A.P. Subject Forum) and actively utilizing the same.

1

8

Rationalization Points

The Gr.II Headmasters/teachers who are affected by rationalization are eligible for extra points over and above already secured points. Gr.II Headmasters / teachers who have completed 5 years of service / 8 Academic Calendar years of service respectively as on date of closure of schools are not eligible for Rationalization points. Note: if option is not given, he/she will be allotted to category IV / III left over vacancies only.

2

Total Special Points : 22

9

Performance Related Points

School Related Performance

Verification / Validity

POINTS

(a)

Increase in enrolment by 10 to  20% during last 2 years (Applicable to H.M & all Teachers)

As per integrated Aadhaar Based U-DISE enrolment data during last 2 years as on 31st December of the year in which transfers are to be taken up. Aadhaar seeding done/purified on subsequent dates or if the student is having E.I.D.No. it is valid.

6

(b)

100% same school transition of children 1st to 2nd class 2nd to 3rd class 3rd to 4th class 4th to 5th class 5th to 6th class 7th to 8th class 8th to 9th class (Applicable to  H.M and concerned teachers)

U-DISE data of last 2 years

5

(c)

(a) Marks  obtained by students as per CCE and additional assessments undertaken in the preceding 2 academic years. If this is not available for preceding 2 years, data for preceding 1 academic year may be considered

If 80% enrolled Students in the  School got B II and above Grade

6

If ≥50% to < 80% enrolled students got B II and above grade

4

If ≥25% to < 50% enrolled students in class got B II and above grade

2

d)

School Pass % performance in SSC exam (Applicable to H.M only)

-      HM certificate -      Counter certificate by Dy.E.O -      Crossed verified with DG (Examinations)

95% to  100% pass percentage

6

85% to  94.99% pass percentage

4

50% to  84.99% pass percentage

2

(e)

M.D.M. online indent submission in time for Food Grains

As confirmed by the NIC Data

If indent is submitted on time in >90% instances

2

If submitted on time in >80% to <89.99% instances.

1

(f)

Online submission of daily MDM Report through APP /SMS of number of students taking meals (applicable to HM only)

If submitted >90%of school working days

2

If submitted >80% to <89.99% of school working days.

1

Total Institutional Performance Points 27

10

Individual Related Performance Points

(a)

The teachers who were honored with the National Award from the Government of India (applicable only once in the 5/8 year period).

6

The teachers who secured State award issued by the State Government (applicable only once in the 5/8 year period) on Teachers Day.

5

(b)

Marks obtained by students as per CCE of any additional Assessment conducted for 2 preceding academic years. If not available for preceding 1 academic year.

If 80% and above students in the class B II marks and above grade

6

If ≥50% to < 80% students got B II marks and above grade

4

If ≥25% to < 50% students in class got B II and above grade

2

(c)

Performance in SSC Results 100% pass in concerned subject

90% to 99.99% and above pass % in concerned subject

5

80% to 89.99% and pass % in concerned subject

3

(d)

Participation in sports & games points to be given for both PET/HM (conducted by SAAP/SGF/Govt. recognized accredited organization) For participation, the School children in inspire / science fares / exhibitions organized by State / Central Govt.

HM Certificate Counter Certified by Chairperson S MC committee

National level State level

6 4

Note:

i.              The criteria for determination of the above performance parameters shall be two preceding academic years.(1 year, where not applicable). ii.            Data will be drawn from the related data bases available iii.           Applicable to the HM / concerned Teachers.

Total Individual Performance Points  23

11

In case of a Tie in Points Secured

In case the points of two or more applicants are equal, the inter-se seniority shall be determined as below:

(a)

The seniority in the cadre shall be taken into account

(b)

Priority to the candidate basing on the date of birth (Senior) besides rule (a).

(c)

Women

12

Preferential Categories

The following categories shall take precedence in the seniority list, in the order given below, irrespective of their entitlement points.

(a)

Physically handicapped i.e., those with not less than 70% orthopedically-handicapped / Visually challenged/Hearing Impaired.

(b)

Widows

(c)

Legally Separated Women (including Muslim Women,  separated according to Muslim Personal Law)

(d)

Teacher who is suffering with the following diseases, in which he/she is undergoing treatment:

i. Cancer ii. Open Heart Surgery / correction of ASD iii. Neuro Surgery iv. Bone TB v. Kidney Transplantation /Dialysis vi.Spinal  surgery.

(e)

Applicants with dependents i.e., Mother, Father, children, Spouse who are mentally retarded and are undergoing treatment

(f)

Children suffering with holes in the heart by birth and undergoing medical treatment available only at specified places to which they are seeking transfers

(g)

Applicants with dependent children suffering from Juvenile Diabetes

(h)

Applicants with dependent children suffering from Thalassemia Disease

(i)

Applicants with dependent children suffering from Hemophilia Disease

(j)

Applicants with dependent children suffering from Muscular Dystrophy.

(k)

Spouse of the Service Person in Army / Navy / Air force.

Note 1 :

Where the preferential category is claimed on health ground as per rule 12(d), (e), (f), (g), (h) and (i), a certificate from the District Medical Board / Superintendent / Regional / State level Institution / Hospital / State Medical Board should be produced.  However, candidates selected under PHC quota having recorded necessary entries to that effect in their Service Register need not furnish any certificate afresh.

Note 2:

The Headmaster Grade-II Gazetted should avail either the preferential category (Rule 12) or the special points Rule 7 (I to VII) once in 5 years and an entry is to be made in his/her SR. The Teachers should avail either the preferential category (Rule 12) or the special points Rule 7 (I to VII) once in 8 years and an entry be made in SR.

Note 3:

The H.Ms Grade-II Gazetted /  teachers who have availed the preferential category or spouse category in the earlier transfer counseling and now shifted under Rationalization without completion of 5 years of service / 8 Academic calendar years of service respectively shall be given the respective benefits / entitlement points along with the Rationalization points.

13

Notification of vacancies:

(i)

The following vacancies shall be notified for the purpose of counseling:

(a)

All the existing clear vacancies arrived at, based on rationalization exercise, except the leave vacancies.           In order to ensure that the no vacancies in schools located in unpopular stations, while displaying number of vacancies for the purpose of counseling. Such vacancies shall be filled only through work adjustment with surplus teachers in that cadre /subject, if not filled up after counseling.

(b)

Needy vacancies for Academic & Administrative purposes, including vacancies remained unfilled in Agency Areas.

(c)

All the vacancies arising due to compulsory transfers as per Rule 5 – Criteria for transfer

(d)

Resultant vacancies arising during counseling.

(e)

Long period vacancies likely to arise due to Maternity leave, medical leave beyond 4 weeks should not to be notified. They can be filled up by work adjustment.

(f)

Vacancies existing above 1 year due to unauthorized absence

(g)

Upgraded posts of School Assistants (Languages and Physical Education) as per GO.MS.No.144, Finance Department, Dated:02.08.2016 and also posts of Gr.II Head Master due to filling up of MEO posts in the State on adhoc basis shall be treated as vacancies. The effected persons (excluding promotees) should participate in the transfers counseling with entitlement points applicable to their previous stations.  Those who got adhoc promotions shall attend regular promotion counseling after completion of transfer counseling process.

(ii)

After assessing  requirement at school level, additional Posts/Teachers to be provided to ensure School and Class level Teacher Pupil Ratio & for strengthening academic monitoring. Single teacher schools shall be made double by notifying vacancy, if not consolidated for valid reasons.

(iii)

The Headmaster/Teacher vacancies shall be computed based on the UDISE data with cut-off date as 31st December of preceding year and by taking into consideration the teacher pupil ratio and as per the rationalization norms as notified by Government from time to time. This shall be reconfirmed by the competent authorities after field level verification with the approval of District Collector (District Cadres) or Commissioner of School Education (Zonal Cadre), as the case may be.

(iv)

Vacancies of School Assistant (PS) and School Assistant (Maths) in U.P. Schools shall be specified.

14

Publication of vacancies and seniority list:

(i)

The following lists shall be published on the website specified for the purpose and also displayed at the O/o Regional Joint Director of School Education and District Educational Officer concerned:

(a)

The lists of category wise schools (category I, II, III and IV),

(b)

The School wise vacancy position of Headmaster Gr.IIGazetted/School Assistant/Secondary Grade Teacher and equivalent categories for counseling.

(c)

Subject to the procedure prescribed in clause (2) below, the list of names of the Headmaster Gr.II Gazetted / Teacher who applied for transfer with entitlement points.

(ii)

After the last date for applying for transfers as per schedule, the seniority list shall be prepared, using software for generating the entitlement points management wise, category wise, subject wise, medium wise and the seniority list with entitlement points shall be published in the website specified for the purpose and also on the notice board of District Educational Officer /Regional Joint Director of School Education.

15

Online Application and Process for Web Assisted Counseling

(i)

The Headmasters/teachers shall apply for transfer in the prescribed online services for web based allotment at https://cse.ap.gov.in/

(ii)

Only online applications received through the website shall be considered for transfer and processed further.

(iii)

After completion of the online submission, the applicants shall thereafter obtain the printout of the application from the specified website and submit the same duly signed to their respective authorities, viz., Mandal Educational Officer/Headmaster High School/Deputy Educational Officer, as the case may be. Note - Submission of Hard copies is only for verification purpose and shall not be processed for transfer.

(iv)

The Headmaster Gr.II Gazetted / Teacher who is eligible as per the criteria prescribed in Rule 5 may apply online through website specified for the purpose in the prescribed proforma and the particulars furnished in the proforma shall be final and no modification shall be allowed.

(v)

An applicant seeking to apply under Preferential categories / spouse category shall also submit along with application the latest certificate from the competent authority in that regard.

(vi)

After receipt of applications, the authorities concerned shall display the provisional seniority lists and call for objections if any. After redressing the objections / grievances, the authority shall display the final seniority along with the entitlement points in the website / notice board.

(vii)

Once the Headmaster / teacher submits an application through online it shall be final. No teacher is allowed to apply twice on online.

(viii)

If any Headmaster Gr.II Gazetted / Teacher who is compulsorily transferable under Rule 5 does not apply online or having applied does not attend the online counseling and exercise his/her options  shall be transferred to the available left over needy vacancies in category III & IV schools, apart from taking disciplinary action deemed fit.

(ix)

Any HM / Teacher who is under compulsory transfer and does not apply / submit his / her transfer application serious view will be taken against the Teacher / H.M. and M.E.O. and appropriate disciplinary action initiated.

16

Receipt and disposal of objections / Grievances:

(i)

Objections if any in respect of the seniority list and entitlement points published as per Rule 13 (2) may be filed online by any applicant together with evidence in support of such objection within the time specified for this purpose in the schedule.

(ii)

The District Educational Officer / Regional Joint Director of School Education, as the case may be, shall cause verification of all objections and pass orders through a counseling system at district level disposing of the same. In cases where objections are upheld, the District Educational Officer/ Regional Joint Director of School Education shall cause the necessary corrections in the seniority list and publish the same on the website.

17

Counseling

(i)

Transfers and postings of Headmasters/Teachers shall be done on the basis of entitlement and performance points as specified in these rules.

(ii)

After finalization of seniority lists and notification of vacancies, Options shall have to be exercised by the teachers through web assisted counseling. If specifically requested by an applicant the designated committees for transfer will provide counseling.

(iii)

Transfer orders shall be issued by the respective Committees on the basis of the final lists drawn online duly following the above procedure.

18

Committee for Transfers and Counseling

The following competent authorities are constituted for the purpose of issue  of transfers orders and counseling if required.

(i)

For Transfer of Head Master Gr. II Gazetted in Government High Schools

(a)

Senior Officer of the Department nominated by the Commissioner of School Education, not below the rank of a Joint Director.

(b)

The Regional Joint Director of School Education concerned or his nominee as the Member Secretary

(c)

The District Educational Officer concerned as a Member

Note: (i)

The senior most officer shall be the Chairman of the Committee.

Note:(ii)

The Committee shall be the competent authority for transfer of all Headmaster Gr.II Gazetted in the Government High Schools in the respective Zone. Counseling shall be done by this committed with the support of online Counseling system.

Note:(iii)

The Regional Joint Director of School Education concerned shall be the competent authority to issue posting and transfer orders of the Headmasters Gr.II Gazetted working in Government High Schools, after the approval by the above Committee

(ii)

For Transfer of Head Master Gr. II Gazetted in Zilla Parishad High Schools:

(a)

Chairman, Zilla Parishad /Special Officer– Chairman

(b)

Collector or nominee (not below the rank of Spl Dy Collector) – Member

(c)

RJDSE or his nominee - Member Secretary

(d)

Chief Executive Officer- Z.P. – Member

Note: (i)

The Committee shall be the competent authority for transfer of all Headmaster Gr.II Gazetted in the ZP High Schools in the District

Note: (ii)

The Regional Joint Director of School Education concerned shall be the competent authority to issue transfer orders of the Headmasters Gr.II Gazetted working in ZP High Schools, after the approval by the Committee Counseling shall be done by this committee with the support of online counseling system.

(iii)

For Transfer of Teachers in Government High Schools

(a)

Collector / Joint Collector – Chairman

(b)

Chief Executive Officer Z. P. - - Member

(c)

District Educational Officer – Member Secretary

(iv)

For Transfer of Teachers in Zilla Parishad / MPP Schools

(a)

Chairman, ZP /Special Officer – Chairman

(b)

Collector / Joint Collector – Member

(c)

Chief Executive Officer Z. P. - - Member

(d)

District Educational Officer – Member Secretary

Note:

The District Educational Officer concerned shall be competent authority to issue transfer orders to all the teachers working in the Government Schools and ZPP /MPP Schools after the approval by the Committee.

19

Issue of Transfer Orders:

(i)

The competent authorities concerned shall issue posting orders to all the HMs /Teachers of one category in one proceedings only, duly enclosing the names of the teachers transferred and places of postings on transfer in one annexure. No individual transfer orders shall be issued.

(ii)

The teacher / HM who are to be compulsorily transferred and who do not apply for counseling, shall be given posting orders in absentia to the left over needy vacancies at Category III & IV at the end of the web counseling of that particular category of teachers.

(iii)

Once transfer orders are issued by the competent authority with the approval of the committee, review or modification of orders shall not be considered, either by the committee or by the competent authority.

(iv)

In all the orders of the transfer, the condition is to be included that the orders shall be subject to outcome of SLP in Supreme Court of India and other pending cases.

(v)

The transfers effected shall be displayed on website and also at the office of Regional Joint Director of School Education, District Educational Officer and ZP after completion of counseling.

20

Date of Relief and Joining:

(i)

The Headmaster Gr.II Gazetted / Teacher who are on transfer shall be relieved within 7 days from the present place of working on receipt of the transfer orders and he / she shall join in the new school where they are posted on the next day of issue / receipt of orders. Provided the Teachers (including subject teachers) who are transferred under Transfer Counseling shall be relieved subject to the condition that there shall be 50% of regular teachers (fraction shall be treated as One) working in the school and also only the senior most Teachers (including subject teachers) shall be relieved.

Examples:

a.

If only one Teacher (including subject teachers) is working in the School and got transfer he / she shall not be relieved without substitute

b.

If two Teachers (including subject teachers) are working in the School and got transfer, the junior in the school shall not be relieved without substitute

c.

If three Teachers (including subject teachers) are working in the School and got transfer, the two juniors in the school shall not be relieved without substitute.

d.

If four Teachers (including subject teachers) are working in the school and got transfer, the two juniors in the school shall not be relieved without substitute.

e.

Likewise, if eleven Teachers (including subject teachers) are working in the school and got transfer, the six juniors in the school shall not be relieved without substitute.

f.

Work  Adjustment  shall  be  completed within  15  days  after completion of Transfers exercise

(ii)

A Headmaster Gr.II Gazetted / Teacher who does not so join cannot claim compulsory wait, under any circumstances, for any reason.

21

Appeal

(i)

An appeal against the orders of the District Educational Officer / District Level Committee shall lie with the Regional Joint Director of School Education concerned, and an appeal against the orders of the Regional Joint Director of School Education shall lie with the Commissioner of School Education. Such appeal should be submitted within 10 days.

(ii)

All such appeals shall be disposed off by the Appellate authorities concerned within 15 days from the date of receipt of the appeal.

(iii)

The teachers who have any grievance on the transfer counseling should avail all levels of appeal provisions before going for other legal remedies.

22

Revision

(i)

The Commissioner of School Education may either suo-moto or on an application received from any person aggrieved by the orders of the Transfer Committee may call for and examine the records in respect of any proceedings of transfer to satisfy himself about its regularity, legality or propriety. If, in any case, it appears to him that any such proceedings should be revised, modified, annulled or reversed or remitted for reconsideration, he may pass orders accordingly or remand the case with any direction so as to rectify any violation of rules or discrepancy. Such orders shall be implemented by the authority concerned.

(ii)

The Commissioner of School Education may stay the implementation of any such proceedings, pending exercise of its powers under sub-rule (1) above.

(iii)

Revision exercise and issue of orders shall be completed within 4 weeks from the date of issue of the transfer orders. No extension shall be permissible.

23

Service / Disciplinary Action for furnishing false Information & violation of Rules

(i)

(a) Any HM / Teacher, who has submitted false information and certificates, shall be liable for disciplinary action in addition to prosecution, as per rules, apart from cancellation of transfer benefit and shall be reposted to Category-III &IV area / left over vacancy. (b) Any officer who have countersigned such false information shall be liable for disciplinary action in addition to prosecution as per rules.

(ii)

The Member-Secretary who issued orders in violation of these rules or instructions issued by Commissioner of School Education from time to time in the matter shall be liable for disciplinary action as per rules.

(iii)

The transfer orders, once issued and the appeals are once disposed off and revision orders issued, shall be final, and the HM/Teachers shall join the place of posting without any further delay. For any unauthorized absence “no work-no pay’ provision shall apply besides disciplinary action, as per rules.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

ADITYA NATH DAS

SPECIAL CHIEF SECRETARY TO GOVERNMENT

To

The Director, Printing, Stationery and Stores Purchases, AP, Vijaywada (for publication in the AP extra-ordinary Gazzettee and for supply of 250 copies)

The Commissioner of School Education, “B” Block, Anjaneya Towers, Ibrahimpatnam, Amaravati, Andhra Pradesh.

All Regional Joint Directors of School Education in the State

All the District Collectors in the State

All the District Educational Officers in the State.

Copy to

The General Administration (Ser) Department / Finance Department /

      MA & UD Department/ PR & RD Department / Social Welfare Department,

      Velagapudi, Amaravati.

The Commissioner, Panchayat Raj / Commissioner & Director, Municipal Administration

       /Commissioner, Social Welfare / Tribal Welfare, Velagapudi, Amaravati.

All Sections in School Education Department

All Recognized Teachers Associations in the State,

     (through the Commissioner of School Education, Velagapudi, Amaravati).

The Secretary to Chief Minister.

The PS to Hon’ble Minister for (H.R.D).

The PS to Special Chief Secretary to Government.

SF/SC

//FORWARDED :: BY ORDER//

SECTION OFFICER