GOVERNMENT OF ANDHRA PRADESH

           ABSTRACT

 

 

Rules – Rules to regulate the transfer of the teachers of Andhra Pradesh School Educational Subordinate Service – Orders -  Issued.

 

EDUCATION (SER.VI) DEPARTMENT.

 

G.O.Ms.No. 102,                                                               Dated 5th August, 2005.                                                                                 Read the following:

 

1.G.O.Ms.No.46 Education (Ser.VI) Department dt.10-05-2002.

2.From DSE., Hyderabad Lr.Rc.No.1200/C3-1/2005,dated.28-6-2005.

3.G.O.Ms.No.96 Education (Ser.II) Department,dated.25-07-2005.

* * *

 

ORDER:

 

                 The following notification will be published in the Andhra Pradesh Gazette.

                                    

                                         NOTIFICATION

 

          In exercise of the powers conferred by sub-section (2) of section 5 and sub-section (1) of section 12 of the Andhra Pradesh School Education Teachers and other employees (Abolition of existing service cadres and Regulation of recruitment and conditions of service) Ordinance, 2005 (A.P. Ordinance 12 of 2005) and in supersession of Andhra Pradesh Teachers (Regulation of Transfers) Rules, 2002 issued in G.O.Ms.No.46, Education (Ser.VI) Department, dated the 10th May, 2002 as subsequently amended; the Governor of Andhra Pradesh hereby makes the following rules, regulating the transfer of teachers governed by the Andhra Pradesh School Educational Subordinate Service.

 

RULES

 

1. Short Title       These rules may be called the Andhra Pradesh Teachers (Regulation of Transfers) Rules, 2005

 

 

2. Competent authorities to make Transfers:--

 

    The following Committees are competent to order transfer of teachers -

 

 District Level        (i) The District Level Committees shall consist of  the following                     

 Committee                   namely:-

     

(a)    Chairman, Zilla Parishad --  Chairman   

(b)   Joint Collector/An Officer not below the rank of Joint Collector nominated by the District Collector --  Member

(c)    Chief Executive Officer -- Zilla Parishad - Member

(d)   District Educational Officer -- Member-Secretary

 

   (ii)   The Committee shall be the authority for transfer of all categories of Teachers working in Primary, Upper Primary and High Schools.

 

(iii) The Member – Secretary shall be the competent authority   

      to issue posting and transfer orders, after the approval of  

      the Committee.

     

(iv) The Member Secretary shall receive transfer application as   

      per schedule.

 

 

3.  The Criteria              The following criteria shall be observed in making transfer

     for transfer               of teachers:-

      of teachers

(1)     All the teachers who have completed more than 8 years of service in a particular School / Office/ Institution located in gram panchayat or town or city as     on 1st July of the year shall be transferred.

 

(2)    All male teachers working in Girls Schools /

Institutions shall be transferred if such male teacher is above 50  years of age and no  female teacher is  available and if the teacher has not completed 8  years of service in that School / Institution he   can be continued in that School / Institution provided that if the teacher is retiring   within    (2 ) years, he shall not be transferred without   his request.

 

(3)    Teachers working against other cadre posts for           

        want of vacancy shall be transferred.

 

(4)    Teachers found surplus due to rationalisation of    

      schools and posts shall be transferred.

 

(5)  The teachers who are retiring within 2 years shall   

     not be transferred without their request.

 

(6)   No teacher who has not completed 2 years of   

      service in a particular School/ Office/ Institution as   

      on 1st July of the year shall be transferred.

 

(7)   The teachers shall not be transferred and posted to  

      a School or Office or Institution in the same gram  

      panchayat or town or city if he has completed 8 years  

      of service.  However this will not apply to the  teachers           

      working in Hyderabad District.

 

(8)    No teacher shall be transferred on mere allegations

       either oral or written; unless the allegations   have   

       been duly enquired into and prima-facie case is

       established.

 

 

 

(9)    No teacher    rejoining duty   after leave, shall be   

       posted to any other new School / Institution. He shall  

       be posted only  in the school / Institution from where  

       he has gone on leave.

 

(10)         No male teachers shall be posted   in   Girls High    

        Schools / Institutions. If  female teachers are

        not available then only male teachers who are 50  

        years of age and above shall be posted in Girls High

        Schools / Institutions.

 

(11)         The transfer applications of spouses shall not be   

        accepted under spouse case if both of them are

        working in a same Gram Panchayat/town/city.

 

(12)         Teachers can be transferred and posted to their

        native Mandals to facilitate their stay at the place of

        posting in order to devote themselves more intensely    

        to the task of importing quality education.

 

(13)         The transfers shall be effected through counselling    

         once in a year.

 

(14)         Teachers shall be transferred against a clear

          vacancy and of the same category, subject and

          media.

 

4. Entitlement       The points shall be awarded to each applicant 

               points              (teacher) who applied for transfer as follows :-

                     

(1)              Service in the Present School or Office or Institution located in the areas as on 1st July of the year: -

 

(i)    For service in category IV areas: Ten (10) points per every year of service.

 

(ii)  For service in Category III areas: Five (5) points per  every year of service.

 

(iii)             For service in the Category II areas: Three (3) points per every year of service.

 

(iv)      For service in the Category I areas: One (1) point per every year of service.

     

Note: -The Habitations / Towns shall be classified into

the following categories namely: -

 

                             (a) Category – I:     All Habitations / Towns where 20%

                                                          HRA is admissible.

 

(b) Category –II:     All Habitations / Towns where 12.5% HRA is admissible.

                                     

(c) Category –III:    All Habitations / Towns where 10 %

                                                          HRA is admissible but having Bus/

                                                          Train facilities.

                                     

(d) Category-IV:     All Habitations/ Towns where 10% HRA is admissible, but not having Bus / Train facilities within a radius of 3 Kms from the school point to the bus stop / Railway station.

 

                                      (2)  Service as a teacher:-

 

One point for 5 years of service in the present cadre as on  1st July of the year.

 

                                      (3) Special Categories: -

 

(i)    Ten (10) Points for the teachers who are retiring within Two Years from 1st July of the academic year.

 

(ii)  Ten (10) points for un-married female teachers.

 

(iii)                        Ten (10) points for teachers whose spouse is working in Government or Public Sector of Local Body or Aided Institutions.

 

(iv)      Ten (10) points to the President and the General Secretary of District Units and the State Level President and General Secretary of recognized Associations.

 

5.        Preferential 

Categories           (i)  Physically handicapped ie. those with not less than

                                  70% orthopaedically handicapped.

 

                           (ii)  Widows

 

                           (iii) Legally separated single Women.

 

(iv) The teachers who are suffering with the following diseases certified by Specialised Institutions for the concerned diseases as specified by the Director of School Education in consultation with the Director of Medical Education.

 

(a) Cancer

(b) Heart Operation

(c) Neuro-Surgery

  (d) Bone T.B.

(e) Kidney Transplantation

 

(v) Teachers who are willing to go over on transfer to the Schools in category IV area and whose spouses are employees of State Government / Local Bodies/Aided institutions

 

Note:1. The benefit of preference shall be given once in 8  years to the above categories.

 

Note:2.  A copy of certificate issued by a competent authority and also the medical claim should be submitted along with the transfer application to consider their cases under preferential category on medical grounds.

 

6. Forwarding         (1) The applications seeking  transfers shall be sent  Applications              to the member secretary of the Committee    

                                        concerned through concerned  Heads of Institutions

                                     / Inspecting Officer in the prescribed form appended  

                                     to the rules.

(2)   If the applicant happens to be the HM, then the inspecting officer of the school / office shall forward the application.

 

(3) If the Teachers want transfer to the places of their choice  as per entitlement points earned by them, they shall submit request application to the concerned authorities and attend to the counseling for opting places of their choice along with other teachers. If not they will be transferred to the available vacancies.

 

    (4)  The concerned Heads of the Institutions /

         Inspecting Officers shall verify and certify the    

         correctness of the particulars furnished in the   

         application form.

 

(5)  Any application received directly from the

applicant will be summarily rejected. Disciplinary action will be taken against such teacher under conduct rules.

 

     (6) All   requests   for transfers to other     mandals   

shall   be   countersigned by the concerned   Head Master of High School / Inspecting Officer after    verifying the correctness of the particulars.  If   it is found that the teacher   has furnished   incorrect    information for the purpose of transfer. Disciplinary action will be taken against the teacher concerned and the Certifying/Countersigning Officer..

 

 

7. Computerization       On receipt   of   applications for   transfers, the   data   shall    be   computerised by the Member Secretary of the committee concerned.

 

 

8. Arrangement             All   the applications  shall  be arranged   category-wise,   

  of applications          subject-wise and media-wise. Teachers with highest entitlement points will be placed  first in the list and others in the descending order. In case of tie, the seniority of individual shall be taken into consideration. In case of tie in seniority, the  person who is older shall be placed first in the list. The list shall be displayed on the notice board 7 days before the date of commencement of transfer counseling, and the lists shall also be made available to the teachers, on payment of the cost of the list.

 

9. Notification of           (1) The list of Vacancies  i.e.

    vacancies

                                           (i)  clear vacancies,     

 

     (ii) Vacancies     that may  arise due  to transfer of

           teachers who have   completed  8  years of     

           services

 

     (iii) Vacancies that may arise  due to transfer of

                                                  male teachers working in Girls Schools/ Institutions

 

     (iv) Vacancies that may arise due to Teachers

            working against other cadre posts          

 

     (v) the posts found surplus due to rationalization and

 

     (vi) The posts of teachers who have been transferred          

           to other districts by the Government shall be      

           displayed on  the notice board 7 days before the   

           date of counseling.  

 

(2) The copies of the list of vacancies shall be made

 available to the teachers, on payment of the cost of   

 the list.

 

(3) The vacancies that may arise during the counseling   shall also be announced and displayed on the notice board immediately. The leave vacancies shall not be notified.

 

 (4) No vacancy shall be added to the list after the list                

      is displayed. The Member-Secretary shall be held  

     responsible for any vacancy added/deleted after the list   

     is displayed.

 

(5) While displaying the No. of vacancies for the purpose of counseling, the Member-Secretary shall have to observe that the equal number of vacancies shall be left vacant in all the mandals (units of posting) after due completion of the counseling process.  This must be observe category wise, subject wise and medium wise.

 

 

    Example

 

   1. Total No. of clear vacancies as on

       the day of counseslling                            =       X

 

   2. No. of posts to be filled up by

      promotion (70%)                                    =       Y

 

    3. No. of DSC selected candidates                =       Z

 

    4. No. of vacancies to be left vacant

       after counseling (Transfer/Post of

       DSC candidates)                                    = X—(Y+Z)

 

    5. No. of Mandals (Units of postings)         =         a

 

    6. No. of vacancies to be left

        vacant after counseling (transfer/

        promotion/posting) in each

        Mandal/unit of posting                          = X—(Y+Z)

                                                                           a

 

 

 

10. Process of            (1)         After displaying the vacancy list and the   Counseling                applicants’ list in the above-prescribed manner, the   

                                            concerned committees shall call the applicant teachers

                                         with higher points in the following order of priority. The  

                                         names of persons who have not applied for transfer will

                                         be placed at the end of the list.

 

(i)          Physically Handicapped – i.e., those with not less

       than 70% Orthopaedically handicapped particularly   

       on the legs.

 

                                        (ii)    Widows

                                        (iii)   Legally separated single women.

                                    (iv)  The teachers who are suffering with the following  

                                               diseases certified by Specialised Institutions for the  

                                               concerned diseases as specified by the Director of

                                               School Education in consultation with Director of

                                              Medical Education:

(a) Cancer

(b) Heart Operation

(c) Neuro-Surgery

(d) Bone T.B.

(e) Kidney Transplantation

 

 

  (v)  Teachers who are willing to go  on transfer to the Schools in category IV area and whose spouses are employees of State Government/Local Bodies/Aided institutions

 

                   (vi) Other Teachers

 

(2) The transfers Counseling of teachers of same category, subject and media shall be conducted in 3 spells in the following order.

 

First Spell: The teachers found surplus due to rationalisation, the  male teachers working in girls schools and the teachers working against other cadre post for want of vacancy.

 

Second spell: The Teacher who have completed 8 years of service and the teacher who have applied for transfer.

 

Third Spell:   The teachers who have been transfer from other District by the Government.

 

    (3) In all the three spells, the order of counseling will be as per preferential categories stated in Rule 10(1).

 

11. Selection of              The applicant applying for counseling will then be asked to

      vacancies by            choose any one of the vacant posts available at that point

      the applicant.                    of time.

     

12. Issue of                    On exercising such   a choice by the teacher, the Member-

orders                       Secretary, shall issue   a transfer order then and there duly deleting that vacancy from the list of vacancies displayed.

 

13. Completion of                    This counseling exercise shall be continued till all the  

       Counselling            applicants   are  covered as per the time frame/ Schedule   

                                       communicated by the Director of School Education.

 

14. Display on the         The list of the teachers transferred, indicating the places of  

Notice Board            transfer against their names shall also be displayed on the  notice board on the day of counseling. This list shall be made available to the teachers, on payment of the cost of the list. No transfer shall be made after the list is displayed and  any transfers are made after display of the list, the Member-Secretary concerned will be held personally responsible and severe action will be taken against him.

 

15. Relief                       The teachers, who got transfer orders, shall be relieved by the competent authority on the next day of counseling..

 

16. Responsibility          The Member - Secretary concerned shall ensure that the

         of the                    above norms and procedures are observed while effecting

      Officers                    transfers and they will be personally held responsible for any deviations.

 

17. Schedule for            The Director of   School Education, Hyderabad may draw

      Transfers                 the schedule once in  a year and communicate the same to    

                                         the  competent authority to effect the transfers.

 

18. Exception               All transfers shall be effected as per the schedule to be communicated by Director of School Education and no transfer of teachers be made thereafter, during the academic year except in the event of disciplinary action. The appointing authority shall effect transfer on disciplinary action, after obtaining permission from the Director of School Education.

 

19. Appeal:-                (i)   An   appeal  against any order of the District   Level    

                                            Committee  shall   lie to the  Director  of    School   

                                          Education  within 10 days from the date of receipt of  

                                          such order.

(ii)   All such appeals shall be disposed off within 20 days from the date of  appeal.

 

20.  Powers               (1)          The Director of School Education may either suo-moto or        

        of the                      on an application received  from any  person aggrieved by

  Director of              the orders of the District Level Committee may call for and  School Education     examine the records in respect of any   proceedings of   

                                  transfer of teachers to satisfy himself about the regularity,

                                legality or propriety. If, in any case, it appears to him that  

                                any such proceedings should be modified, annulled or

                                reversed or remitted for reconsideration, he may pass

                                orders accordingly or remand the case with any direction as

                                to rectify any violation of rules or discrepancy. Such orders

                                shall be implemented by  the authority concerned.

 

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

 

   (3)  The Director of School Education may either suo-moto or on an  application from any person interested, made within forty five days of the passing of an order under sub-rule (1) review any such order, if it was passed by him under any mistake, whether of fact or of law, or in ignorance of any material fact.

 

21. Punishment            The   Teachers    who    have   submitted    false                          for furnishing                 information and certificates, and the Officers who have  false information       countersigned the  information, shall be liable for  

                                      disciplinary action as per rules in addition to filing of

criminal cases against  them.

 

22. Punishment             The Member-Secretary, who have issued orders in

       for Violating           violation of the rules and instructions issued by  Director

            the rules              of  School Education from time to time in the matter shall be liable for  disciplinary action as per rules.

 

 

 

 

 

23. Ensuring that           While effecting transfers, the Committees at various levels

      transfer process                should ensure that the tribal and backward areas not left

      doesn’t result in                without teachers.

      A tribal and back-

      ward areas being

      left without

      teachers.

 

24. All Transfers shall be

      strictly in conformity

      with the Presidential

      Orders, 1975.

    

25. All the transfers and promotions

      issued under these rules shall

      be subject to the final out come

      of SLP Nos.9467-82 of 2004 and

      13922/2005 pending in the

      Hon’ble Supreme Court of

      India and  W.P No. 14585/2005

      pending in the Honourable

     High Court of A.P. and any other

     Cases pending in the Andhra

     Pradesh Administrative Tribunal,

     Hyderabad.

 

 

          This order issues with the concurrence of Finance Department vide their U.O. No.7679/357/ESE/05, dated 4.8.2005.

 

          This  order is available in the internet and can be accessed at the address http://www.aponline.gov.in.

 

 

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

 

                                                                                P.KRISHNAIAH

SECRETARY TO GOVERNMENT

 

To

The Director of School Education, Hyderabad.

The Director, Printing, Stationery and Stores Purchases A.P.,

      Hyderabad (for publication in the A.P.Gazettee and

      for supply of 1500 copies)

All the District Collectors.

All District Educational Officers.

Copy to:

Law (E) Department

SF/SC

 

//Forwarded :: by order//

 

 

SECTION OFFICER

                               DEPARTMENT OF SCHOOLL EDUCATION

                                     TRANSFER APPLICATION

 

1. Name                                                                            

2. Designation                                                                 

3.Subject                                                                        

4.Medium/Language                                                         

5.Date of Birth                                                                 

6.Sex                                                                              

7.Marital Status                                                                

8.Date of joining in the Present Cadre                    

9.Present place of working                                    

10.Date from which the individual is working in

     the present School/Institution                            

11.Date from which the individual is working in

     the present Village Panchayat/Town/City          

12.% HRA drawn in the present School/Institution   

13.In the case of drawing 10% HRA, the distance

     between school and the nearest Bus stage/

     Railway station.                                                

14.Whetherl he/she is president or General

     Secretary of the District/State of Recognized

     Association.

15.Whether spouse is employee of State Govt./Local body

     /aided Institution                                                       

16.State whether the teacher is

   i) Physically Handicapped (not less then 70%)

   ii)Widow

   iii) Legally Separated single women

   iv) If he/she is suffering with the following diseases viz. 

a. Cancer

b. Heart Surgery

c. Neuro-Surgery

d. Bone-TB

e. Kidney Transplantation

17. Whether he is willing to work in Category-IV area

Note: Certificates against the points 14,15 and 16(i)(iii)(iv) shall be enclosed.

 

                                                                

                                                                     Signature of the applicant

                                                                          Designation

 

                                                   CERTIFICATE

 

    Certified that the particulars furnished by the applicant are verified with reference

To certificates, records of the School/Institution and Service Register of  the individual and found correct.

 

                                                              Signature of the Head Master

                                                                 Designation with Seal

Note: The teachers who have submitted false information, and certificates and the officers who have counter signed the information will be liable for disciplinary action as per rules in addition to filling of Criminal cases against them.