GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Rules - The Andhra
Pradesh Teachers (Regulation of Transfers) Rules, 2012 - Notified - Orders –
Issued
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EDUCATION
(SE-SER.III) DEPARTMENT
G.O.Ms.No.
38
Dated: 16.06.2012
Read.
From the Commssioner & Director
of School Education, AP, Hyderabad Lr.
Rc.No.3137/D2-1/2012, dated: 08.06.2012
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ORDER:
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 Andhra
Pradesh School Education Subordinate Service, Government have decided to issue
rules relating to transfers.
Accordingly, the following
Notification shall be published in the Andhra Pradesh Gazette:
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 supercession of all the
earlier Rules and guidelines on transfer of teachers, the Government of Andhra
Pradesh hereby makes the following Rules regulating the transfers of the
categories of Headmasters Gr.II Gazetted, School Assistants and S.G.T.s and
their equivalent categories in the A.P. School Education Service and A.P.
School Education Subordinate Service working in the Government Schools and
Z.P.P. and MPP Schools in the State.
RULES
1
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Short Title and Applicability:
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1)
These rules may be called the Andhra Pradesh Teachers (Regulation of
Transfers) Rules, 2012.
2) These rules shall be
applicable to Headmaster Gr.-II Gazetted in Andhra Pradesh
School Education Service and School Assistants / SGTs and other equalant
categories in Andhra Pradesh School Education Subordinate Service, herein
after referred to as Teacher in these
Rules.
3)
These rules shall come into force with immediate effect.
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2
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Transfer counseling:
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All transfers shall be
made by way of counselling through Transfer Committees constituted for each
district / zone.
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3
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Schedule of transfers:
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The Commissioner and
Director of School Education shall draw schedule and communicate the same to
the competent authorities for effecting transfers from time to time.
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4
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The appointing authority
concerned shall issue transfer and posting orders based on the recommendation
of the committee constituted for the purpose
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5
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Criteria
for transfers :
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1) The following
categories of Headmaster Gr.II Gazetted / Teacher in the Government / ZPP
/MPP shall be transferred :
(a) Those who have completed 8 years service
in a particular school as on 1st July of the year shall be
compulsorily transferred. The service in all categories of posts rendered in
a school prior to and after up-gradation/bifurcation in respect of
upgraded/bifurcated schools shall be counted for the purpose of calculating
the completion of 8 years of service.
Provided
those who are going to retire within two years from 1st July of
the year shall not be shifted until and unless the incumbent requests for
such transfer.
(b) The male
Headmaster Grade-II/Teacher aged below 50 years as on 1st July of
the year and working in
(c) The Headmaster
Grade-II and the concerned
subject Teacher of the school in which
the pass percentage in the S.S.C. Public Exam (March) is less than 10% shall
be transferred to the schools located in category IV habitations
2) If
no women HMs / Teachers are available to work in Girls High Schools, then
male HMs / Teachers who are over and above 50 years of age may be considered
for posting to such schools.
3)
Headmaster Gr.II Gazetted / Teacher who has completed a minimum period of two
years service in a School as on 1st July of the year shall be eligible to
apply for transfer
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6.
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Entitlement points
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Entitlement
of points shall be awarded to the Headmaster Gr.II Gazetted / Teacher who
applies for transfer in the following manner:
(a) For service in
the present school, basing on its location, as per the following scale, as on
1st July of the year:-
i) Service in
category IV areas: Five (5) points per every year of service.
ii) Service in
Category III areas: Three (3) points per every year of service.
iii) Service in the
Category II areas: Two (2) points per every year of service.
iv) Service in the
Category I areas: One (1) point per every year of service.
Note
1:-
The Habitations / Towns shall be classified into the following categories
namely:-
i) Category – I:
All Habitations / Towns where 20% and above HRA is admissible.
ii) Category –II:
All Habitations / Towns where 14.5% HRA is admissible.
iii) Category –III:
All Habitations / Towns where 12 % HRA is
admissible.
iv) 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 Pacnchayati Raj
(Engineering) Department.
Note
2: The District Collector shall publish
the list of habitations in the district which do not have connectivity
through an all weather road as per the norms of Pacnchayati Raj (Engineering)
Department in consultation with the Superintendent Engineer, P.R. of the
district for this purpose, and the same shall be final.
Note
3: For
the purpose of calculating entitlement points in respect of service in a
Category-IV habitation prior to academic year 2012-13, Category-IV
habitations shall be the habitations notified as Category-IV by the competent
authority during the transfer counselling held in May /June 2011 as per the
classification and definition in the rules issued in G.O.Ms.No. 65, Education
(Ser-III), dt.19.05.2011.
(b) For entire
Service: One point for every Five (5) years of service in the total
service in all categories as on 1st July of the year.
(c)
The President and General Secretary of the recognized Teachers’ Unions at the
State and District Levels are eligible for ten (10) points.
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(d) Ten (10) points
for the Headmaster Gr.II Gazetted / Teacher, who is retiring with in 2 years
as on 1st July of the year.
(e) Ten (10) points
for un-married Headmistress Gr II / female Teacher.
(f) Ten (10) points for Headmaster Gr.II Gazetted /
Teacher, whose spouse is working in State Government or Central Government or
Public Sector undertaking or Local Body or Aided Institution in the same
District and opted for transfer nearer to and towards the place of working of
his/her spouse, This is applicable only once in 8 years and in respect of one
of the spouses and an entry shall be made in this regard in SR. A copy of
certificate issued by the competent authority shall be enclosed to the check
list to consider cases under this category.
g) In case the
entitlement points two or more applicants are equal, the inter-se seniority
shall be determined as below.
i) Applicants
having disability of more than 40% but less than 70% (Ortho-handicap. /
Visually challenged/ Hearing Impaired) shall take
priority.
ii) Subject to the
above, the seniority in the cadre shall be taken into account.
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7.
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Performance
related entitlement
points
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1) For promoting
co-curricular/extra Curricular activities in the previous Academic year in
School Games organized by SGF and Science Fairs organized by the Department:
(a) Participation:-
i) Participated and
sponsored not less than Five (5) children for
District Level Competitions – 2 points.
ii) Participated
and sponsored not less than Three (3) children for State Level Competitions – 2 points.
iii) Participated
and sponsored not less than Two (2) children for National Level Competitions
– 2 points.
(b) Achievement:-
i) Atleast Two(2)
students receive awards at district level –3 points.
ii) Atleast One (1)
student receive award at State level
– 3 points.
iii) Atleast One(1)
student receive award at National level –3 points.
2) For Achievement in SSC Public Exams:
i)
50-60 % of students secure GPA 10 :
4 points.
ii)
61-70 % of students secure GPA 10 :
6 points.
iii)
71-90 % of students secure GPA 10 : 8
points.
iv)
91-100 % of students secure GPA 10 : 10 points.
3) The above points
will be awarded to HM and the teacher concerned in the school, provided that:
a) The attendance
of the teacher is 80% and above and covered the syllabus as per schedule.
b) Any Teacher who
has been awarded / confirmed a punishment/warning for grave irregularities
will not get any entitlement points for 4 years.
c) The competent
authority shall record all such facts in the SRs of the concerned HM/Teacher.
d) The teacher who
furnishes false information and HM who attests it, shall be liable for
disciplinary action and Criminal proceedings, apart from being transferred to
category IV vacancies.
Note:- The Deputy
Educational Officers in respect of High Schools and the Mandal Educational
Officers in respect of Primary and
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8.
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Preferential
categories
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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% ortho-handicap./ Visually
challenged/ Hearing Impaired
(b) Widows.
(c) Legally
separated women.
(d) Headmaster
Gr.II Gazetted / Teacher who is suffering with the following diseases and so
certified by the competent medical officer of the hospital recognized by
Government of A.P. under A.P. Integrated Medical Reimbursement Rules, in
which he/she is undergoing treatment:
I.
Cancer.
II.
Open Heart Surgery.
III.
Neuro-Surgery.
IV.
Bone T.B.
V.
Kidney Transplantation.
(e) Applicants with
dependant children who are mentally retarded and are undergoing treatment.
(f) Applicants with
dependant children suffering from Juvenile Diabetes and children suffering
with holes in the heart by birth and undergoing medical treatment available
only at specified places to which they are seeking transfers.
Note
1: For
this purpose, a copy of the certificate issued by a competent authority i.e.,
District Medical Board / State Medical Board should be enclosed to the
application for consideration of preferential categories.
Note 2: The benefit of
preference shall be given once in 8 years to the preferential categories and
an entry be made in SR.
(g) The Headmaster Gr.II Gazetted / Teacher
who is working as NCC officer should be continued in the same school on
his/her request if no vacancy is available in other schools having NCC unit.
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9.
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Notification
of
vacancies:
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1) The following vacancies shall be notified for the purpose of
counselling.
a) All the exiting clear vacancies except the vacancies
mentioned in clauses (2) & (3) below.
b) All the vacancies arising due to compulsory transfers as
per Rule 5.
c) Resultant vacancies arising during Counselling.
2) The leave vacancies shall not be notified.
3)
While notifying the vacancies of SGTs it shall be ensured that equal number
of vacancies are left vacant in all the Mandals, medium wise.
Example:
Total number of vacancies
in the district
: X
Total number of Mandals
in the district : A
Total number of vacancies
to be blocked in a mandal : X/A
After arriving at the number of vacancies to be blocked in each
mandal as above, if the total vacancies in the mandal are more than the
number to be blocked, blocking shall be done keeping in view the enrolment
and position of working teachers in the schools concerned.
4) The following vacancies shall not be blocked:
I)
Vacancies in the schools where no teacher /single teacher is working.
II) Vacancies in Category IV schools,
not withstanding any
other
provision in this Rule.
5) The competent authorities shall notify the vacancies with the
approval of District Collector (District Cadres) or Commissioner and Director
of School Education (Zonal Cadre), as the case may be.
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10.
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Publication
of vacancies and seniority list
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1) The following lists shall be published in
the website specified for the purpose and also displayed at the O/o Regional Joint
Director of School Education and District Educational Officer concerned:
i) The
lists of category wise schools (category I, II, III and IV),
ii) The School wise vacancy
position of Headmaster Gr.II Gazetted / School Assistant / Secondary Grade Teacher
and equivalent categories for counselling.
iii)
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.
2) 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
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11.
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Online
Application
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1) 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.
2) 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.
3) 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.
4) 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 counselling
(physical or online), he/she will be transferred to the available left over
vacancies.
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12.
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Receipt and
disposal of
objections
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1) Objections if any in
respect of the seniority list and entitlement points published as per Rule
10(2) may be filed online or in writing before the District
Educational Officer / Regional Joint Director
of School Education, as the case may be, by any applicant together
with evidence in support of such objection with in the time specified for
this purpose in the schedule.
2) The District Educational Officer / Regional Joint Director of School Education, as the case may
be, shall cause verfication of all objections and pass orders 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.
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13.
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Committees for
conducting
counselling and
transfers
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The
following committees are constituted for the purpose of conducting
counselling and transfers.
(I) For Transfer of Head Master Gr.
II Gazetted in Government High Schools
(a) Senior Officer
of the Department nominated by the Director 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.
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. The
transfer shall be effected within the Zone by
way of counselling.
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 Committee.
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(II)
For Transfer of Head Master Gr. II Gazetted in Zilla Parishad High Schools
(a)
Chairman, Zilla Parishad /Special Officer– Chairman
(b)
Collector/ Joint 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.
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.
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(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
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(IV) For Transfer of Teachers in
Zilla Parishad /
(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
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14.
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Issue of transfer
orders
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1) Based on the recommendations of the respective
committees, the appointing 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.
2) The teacher / HM
who are to be compulsorily transferred and who do not attend for counselling,
shall be given posting orders in absentia to the left over vacancies at the
end of the counselling of that particular category of teachers, in the
presence of Committee and in the counselling hall without fail.
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3) Headmaster Gr.II
Gazetted / Teacher shall not be posted in the Schools located in the same
Gram Panchayat, If they completed 8 years of service.
4) 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.
5) 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.
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6) 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 counselling.
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15.
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Date of relief and
joining
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The
Headmaster Gr.II Gazetted / Teacher who are on transfer shall be relieved
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 the
counselling. A Headmaster Gr.II Gazetted / Teacher who dose not so join can
not claim compulsory wait under any circumstances for any reason.
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16.
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Appeal
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1) An appeal against the orders of the District
Educational Officer 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 and Director of School
Education Such appeal should be submitted within 10 days.
2)
All such appeals shall be disposed off by the Appellate
authorities
concerned within 30 days from the date
of receipt of the appeal.
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17.
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Revision
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1) The Commissioner and Director 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.
2) The Commissioner
& Director of School Education may stay the implementation of any such
proceedings, pending exercise of its powers under sub-rule (1) above.
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18.
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Punishment for
furnishing false
information /
violation of rules:
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1) Anybody who has
submitted false information and certificates, and the officers who have
countersigned such false information, shall be liable for disciplinary action
in addition to prosecution, as per rules.
2) The
Member-Secretary who has issued orders in violation of these rules or
instructions issued by Director of School Education from time to time in the
matter shall be liable for disciplinary action as per rules.
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(BY
ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
RAJESHWAR TIWARI
PRINCIPAL SECRETARY TO GOVERNMENT (SE)