Government of Andhra Pradesh, India

DEPARTMENT OF EDUCATION

ABSTRACT

RULES - Rules to regulate the transfer of the teachers in Mandal Praja Parishads and Zilla Praja Parishad and Government Schools - Issued.

G.O.Ms.No: 205 Date: 6.7.1998

EDUCATION (SER.VI) DEPARTMENT

1. G.O.Ms.No.185, Education Dated 24.5.1995.
2. From the Director of School Education, Hyderabad Dt.22.4.1998.

***

ORDER:

The following notification will be published in the extraordinary issue of the A.P. Gazette.

In exercise of the powers conferred by the proviso to article 309 of the Constitution of India read with sub-section (1) (a) of Section 78 of the Andhra Pradesh Education Act, 1982 (Act 1 of 1982) read with sub-section (4) of section 169 and sub-section (4) of section 195 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act No:13 of 1994) and in super-session of the A.P. Mandal Praja Parishad and Zilla Praja Parishad Teachers (Regulation of Transfers) Rules, 1985, issued in G.O.Ms.No.185, Education, dated: the 24^th May, 1995 and other orders issued on the subject, the Governor of Andhra Pradesh hereby makes the following rules:

1. These rules may be called the Andhra Pradesh Panchayat Raj and Government Teachers (Regulation of Transfer) Rules, 1998.
2. (i)A District Level Committee consisting of Chief Executive Officer/Parishad Educational Officers under the Chairmanship of Chairman, Zilla Parishad in Open Session, shall be the authority competent to transfer all categories of Panchayat Raj teachers (working in Zilla Parishad Schools and for transfer of Mandal Parishad Teachers from one Mandal Parishad to another) within the District. The CEO/Parishad Education Officer shall be the convenor of the Committee

(ii) Similarly the District Level Committee consisting of DEO and the District Collector or his nominee shall be competent to transfer all categories of Government School Teachers. The DEO shall be the convenor of the Committee headed by the District Collector or his nominee.

3. A Mandal Level Committee consisting of the Mandal Parishad Development Officer/ Mandal Educational Officer under the Chairmanship of the President, Mandal Parishad, in Open Session, shall be the authority competent to transfer Mandal Parishad teachers within the Mandal. The MPDO shall be the convenor of the Committee.
4. For the purpose of these Rules, transfer shall be considered only for clear vacant posts or vacancies as defined in Note under sub-rule (vii) of rule 9 of these rules.

Provided that subject requirements of each school shall be strictly adhered to while making any transfer.

3.

All Inter District transfers in respect of Panchayat Raj teachers shall be done by the Government in consultation with the Chief Executive Officers concerned, and no transfer in this case may be done unless the applicants complete 2 years of service at the respective stations.

4.

1. An appeal shall lie with the District Level Committee against an order of transfer passed by the Mandal Level Committee within 15 days from the date of receipt of such order;
2. All such appeals shall be disposed off within 30 days from the date of appeal.

5.

1. An appeal against any order of the District Level Committee shall lie with Secretary to Government, Education Department within 15 days from the date of receipt of such order. All such appeals may be disposed off within 30 days;
2. The Government may either suo-moto or on an application from any person, aggrieved by the orders of the Mandal Level Committees or the District Level Committees call for and examine the records in respect of any proceedings of transfer of teachers to satisfy themselves as to the regularity, legality or propriety. If, in any case, it appears to the Government that any such proceedings should be modified, annulled or reversed or remitted for reconsideration, they 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.
3. The Government may stay the implementation of any such proceedings, pending exercise of their powers under sub-rule (ii) above.
4. The Government 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 (ii), review any such order, if it was passed by them under any mistake, whether of fact or of law, or in ignorance of any material fact.

6. All transfers shall be effected as per the schedule to be communicated by Director of School Education / Government and no transfer of teachers may be made thereafter, during the academic year except in the following cases, namely;

1. in the event of disciplinary action;
2. consequent on promotion;
3. consequent on the re-adjustment of surplus posts, if any; and
4. inter-district transfers where the DEO's concerned/ Chief Executive Officers of both the Zilla Parishads agree, under orders of Government.

7.The following norms shall be observed in making transfer of teachers.

1. All the transfer orders passed shall be necessarily displayed on the notice boards of the concerned DEOs Office/Zilla Parishad and Mandal Parishad immediately after they are passed.
2. No teacher may be retained at any one place beyond a period of 10 years. For this purpose, all such teachers may indicate preference of places, which may be considered by the Committee concerned subject to other conditions of these rules.

Provided that no teacher may be transferred from a place against his will when he has only two years of service before retirement.

3. No teacher from a particular place may be transferred or disturbed within a period of five years except on grounds of disciplinary action, moral turpitude, promotion and other circumstances, if any, covered by these rules. No teacher serving at a place for 6-10 years shall be transferred without their written request, except on grounds of disciplinary action, moral turpitude, promotion or other circumstances, if any, covered by these rules.
4. No teacher can have the benefit of mutual transfer for more than two times in his/her service. Provided that all such transfers shall be recorded in the service books of the teachers.
5. Wife husband working as teachers shall be posted at the same place or atleast in neighbouring places. They may be posted in the same school at the same place provided there are more than two posts and as per the subject requirement of the school.
6. In all other cases of spouse working in State/Central Government or public undertakings, such teachers shall, as for as possible, be adjusted in the same place or in neighbouring place, subject to availability of a clear vacancy and other conditions of these rules.
7. No teacher may be considered for transfer on mere allegations either oral or written, unless the allegations have been duly enquired into and prima facie case is established.
8. All the applications for transfers shall be sent through concerned head of the institution who shall verify and attest the correctness of (a) date of posting at present post (b) occupation particulars of spouse as may be applicable, (c) results obtained by students concerned during the last final exam/Board exam as may be applicable.
9. The concerned MEO/Dy.D.E.O./DEO shall verify and attest the correctness of (a) Nativity (b) Date of Birth/Age (c) Date of appointment/promotion to present cadre etc.
10. In case there are more than 2 teachers of same subject, the Chief Executive Officer/ DEO can transfer one of them to a school where there are none.
11. It should be endeavoured to provide for at least one Lady teacher in each Operation Black Board School.
12. Computer trained teachers shall not be transferred from any school without providing for a trained substitute.
13. The provisions of the Andhra Pradesh Public Employment (Organisation) of Local Candres and Regulation of Direct Recruitment Order, 1975 (i.e. Presidential Order) to the extent applicable shall be followed.
14. No teacher shall be sent on deputation in contravention of these rules.
15. No teacher rejoining duty after long leave, shall be posted to any other place except to the place of his/her posting prior to such leave i.e. from which place/station, he/she proceeded on leave.
16. No principle office-bearer, i.e. President and General Secretary of the Recognised Teachers Union in Mandal, District, State Level shall be transferred from the place of their present posting, without their request, provided that a request made for a place of posting shall not be ordinarily rejected.

8. The following may be considered subject to the entitlement points obtained under Rule.9.

1. Teachers in charge of NCC/Scout/Guides etc., shall be considered for transfer to a place where such activities are in existence.
2. Male teachers working in girls schools shall be replaced by lady teachers irrespective of the fact whether the teachers concerned, in such cases, have completed the prescribed period of stay or not.

Provided that where the required number of lady teachers are not available, male teachers, preferably over fifty years of age may be posted, till such time female teachers become available.

3. The teachers including Government teachers shall not be posted to their native Mandals in future. This restriction should not apply to the following categories:-

1. Physically handicapped teachers;
2. Unmarried Ladies;
3. Widows.

9. Procedure for considering applications for transfer:

1. All CEOs/MPDOs/DEOs shall classify the villages/towns having schools in their jurisdiction into the following categories:-

Category - I : All places where 20% HRA is admissible;

Category - II : All places where 12 1/2% HRA is admissible;

Category - III: All places which are not in the category I and II but connected with a bus service.

Category - IV; All places which are not having bus/train facility.

The list so prepared shall be displayed in the CEO/MPDO/ DEO Notice Board immediately on issue of these Rules.

2. After the last day for receipt of applications for transfers all such applications shall be computerised;
3. Entitlement Points: Points shall be awarded to each applicant teacher as follows:

(a) For service in interior areas:

For service in category IV villages @ 3 points per year of service.

For service in the Category III-Villages 2 points per year of service

For service in the category II Villages 1 point per year of service.

Provided that such a service shall be certified by the Mandal Educational Officer in case of Mandal Parishad Teacher and Parishad Educational Officer in case of Zilla Parishad teacher and Dy.D.E.O. in case of government teachers.

(b) For wife and Husband cases where both are teachers i.e., Government/Panchayat Raj school teachers, the entitlement points shall be ‘10’ For other wife/husband cases where only one of them is a teacher and the spouse either Government/Public Sector, entitlement Points shall be "5"

(c) For the total service as teacher, one entitlement point for each 6 years of service subject to a maximum of 5 points.

(d) Performance is defined in terms of percentages of the passes in the subjects/taught by him/her in the final examinations of the previous academic year. Each applicant shall get entitlement points as detailed below subject to a maximum of 10 points respectively.

Public Examinations Other Classes

7th/10

40% -- 45% 7 Points 4 Points

45% -- 50% 7.5 Points 5 Points

50% -- 60% 8 Points 6 Points

60% -- 70% 8.5 Points 7 Points

70% -- 80% 9 Points 8 Points

80% -- 90% 10 Points 9 Points

90% -- 100% 10 Points 10 Points

The statement of passes shall be certified by the Head of the Institutions who will be held responsible for the accuracy of the data. For this purpose "Pass" is defined as getting at least 35% of marks in final examination whether the student is detained or not.

4. The entitlement of points for the Headmaster will be awarded on the same criteria as applied for public examinations depending on the over all pass percentage in 7th and 10th classes.

(v) In case of tie, the seniority of the individual shall be taken into consideration. In case of tie in seniority also, the older person shall be placed first.

(vi) All the applicants shall then be organised category wise (SGT/SA (Maths)/SA Social studies etc.) within the applicant teacher with highest entitlement points placed first in the list and others in the descending order.

(vii) Such a list shall be displayed on the notice board of Zilla Parishad/Mandal Parishad DEO office as the case may be as per the schedule communicated by the DSE or Government while also indicating the date for counseling and issue of orders.

(viii) After arranging the applicants list in the above prescribed manner, the competent Committee shall call the applicant teachers in person as per the pre-drawn programme, duly calling the applicant with higher Entitlement Points first. The applicant will then be asked to choose any of the vacant posts available at the time of such a session.

Note:For this purpose, places where the existing teacher has completed 10 years service in the station, shall be counted as vacancies.

(ix) On exercising such a choice by the applicant teacher, the committee shall issue a transfer order through the convenor of the Committee then and there to the applicant teacher, duly deleting that vacancy from the list of vacancies.

(x) This exercise shall be continued till all the applicants are exhausted as per the time frame/Schedule communicated by the DSE, except in cases dealt with under Rule 6.

10. The CEO/DEO/MPDO concerned shall ensure that the above stated provisions are observed while effecting transfers and they will be personally held responsible if there is any deviation.

11. The provisions of these rules shall apply notwithstanding anything contained in any of the rules or instructions in respect of matters covered by these rules.

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

SECRETARY TO GOVERNMENT

To

The Director, Printing, Stationery and Stores Purchase, A.P., Hyderabad (for

publication in the AP Gazette and for supply of 1500 copies)

All the District Collectors,

All Chief Executive Officers, Zilla Parishads

All Mandal Parishad Development Officers, Mandal Parishad through CEO, ZPs concerned.

Copy to:

The Director of School Education, A.P.Hyderabad

The P.R. & R.D. Dept

Law (E) Department.

The Commissioner, Panchayat Raj and Rural Development Dept., AP Hyderabad

S.F./S.C.

//FORWARDED BY ORDER//

SECTION OFFICER

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