TEACHER TRANSFERS GO 47 RELEASED

GOVERNMENT OF ANDHRAPRADESH ABSTRACT
School Education – Ensuring of subject teachers in the Pre-High School, High Schools & High School Plus and the required number of teachers in Foundational Schools, Foundational School Plus – The Andhra Pradesh Teachers (Regulation of transfers) Rules – Orders – Issued.

SCHOOL EDUCATION (SERVICES.II) DEPARTMENT

G.O.Ms.No.47 Da ted: 22.05.2023.

Read the following:

1) A.P Education Act, 1982 (Act 1 of 1982).
2) G.O.Ms.No.117, School Education (Ser.II) Dept., Dt:l0.06.2022
3) G.O.Ms.No.128, School Education (Ser.II) Dept., Dt:13.07.2022
4) From the CSE, e-file No.ESE02-141l1/2022-EST4-CSE.

ORDER:

In order to ensure subject teachers in the Pre-High School, High Schools & High School Plus and the required number of teachers in Foundational Schools, Foundational School Plus, and to facilitate and regulate the transfers of Headmasters, Gr.Il and teachers working in GovernmentlZPPIMPP schools in Andhra Pradesh School Educational Service and the Andhra Pradesh School Education Subordinate Service, the Government have decided to issue rules relating to transfers.

2. The Commissioner of School Education, A.P. shall take action to call for the applications for transfer of teachers through Online and conduct Web counselling duly obtaining the options. The Commissioner of School Education, A.P shall give detailed instructions along with a schedule which will layout all the details including the time frame for submission of applications, verification of points and related documents, exercising of options, redressal of grievances, issue of transfer orders etc. in accordance with these rules. The Commissioner of School Education, A.P shall also take steps to conduct web based counselling duly inviting the applications from Headmaster (Gr.II)/Teachers through online.

3. The Child Info data as on 3l.08.2022 (which was the basis for re- apportionment process undertaken and completed) shall be taken as basis for assessment of required teacher posts in a school. The Commissioner of School Education, A.P is the competent authority to issue any clarifications from time to time if any.

4. The Commissioner of School Education, A.P. shall also take up transfers in the District Institution of Educational Training (DIET) along with teacher transfers.

5. For the teachers working under Tribal Welfare Department, separate rules shall be issued by the Department of Tribal Welfare.

6. For the teachers working under Municipal Administration and Urban Development (MA&UD) Dept., separate rules shall be issued in due course by the School Education Department which will be subject to the outcome of the W.P.No.10058 of2023 and batch.

7. This order issues with the concurrence of Finance (HR-I) Dept., vide their
U.O. No: HROPDPP (TRPO)/217/2022, (Computer No.l872156) Dated: 19.10.2022.

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

NOTIFICATION

8. In exercise of the powers conferred by Sections 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 notifications, Rules and guidelines on transfer of teachers, the Government of Andhra Pradesh hereby makes the following General Rules, regulating the transfers of the categories of Headmasters Gr.ll, School Assistants and Secondary Grade Teachers and their equivalent categories in the A.P.School Education Service and the A.P.School Education Sub-ordinate Service working in the Government/ZPPIMPP schools in the State.

A.P.Teachers (Regulation of Transfers) Rules

1. Short Title and Applicability

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

11. These rules shall apply to Headmaster (Gr.ll) in Andhra Pradesh School Education Service and School Assistants / Secondary Grade Teachers and other equivalent categories in Andhra Pradesh School Education Subordinate Service, hereinafter the School Assistants / Secondary Grade Teachers and other equivalent categories referred to as Teacher in these Rules.

iii. These rules shall come into force with immediate effect.

2. Criteria for Transfers

1. The following categories of Headmaster (Gr.II)/Teachers ill the
GovernmentlZPPIMPP shall be transferred.

a) Those Headmasters (Gr-ll) who have completed 5 Academic years of service in a particular school as on the date of closure of Academic Year 2022-2023 shall be transferred compulsorily.
b) Those Teachers other than Headmasters (Gr.ll) who have completed 8
Academic Years of service as on the date of closure of Academic Year
2022-2023 shall be transferred compulsorily.
Note: For a & b, more than half of the Academic Year shall be considered as a complete year for this purpose and less than half shall not be considered i.e., who joined before 18.11.2018 in case of
Headmasters (Gr.ll), and 18.11.2015 in case of Teachers).
c) There shall be NO minimum service required for applying for request transfer.
d) Provided that those who are going to retire on or before 31.05.2025 (within 2 years) shall not be transferred until and unless the incumbent requests for such transfer.

11. Criteria for identification of teachers being shifted on re-apportionment as regards surplus posts and teacher deficit schools shall be in accordance with G.O.Ms.No.117 & 128.

Note: (1) The service of the aided teachers shall be taken into consideration from the date of joining in government} local bodies school.

(2) In case of visually challenged (> 40%) /orthopedically challenged (>
75%) teachers, they shall be exempted and the next junior most shall be affected under re-apportionment.

111. The Headmaster Gr.1l who have completed 5 Academic Years of Service and Teachers who have completed 8 Academic Years of Service as NCC/Scouts officers should be posted in a vacancy in a school where there is an NCC/Scouts unit. If no vacancy is available in another school having NCC/Scouts unit they shall be continued in the same school on their request.

IV. As per the Orders Dt:31.01.2022 of the Hon’ble High Court of AP in W.P.No.20124 of 2021 and batch, teachers who have worked in Govt.IMPP/ZPP schools in the limits of Municipal Corporation Municipalities and transferred and joined in Category – III & IV places shall be eligible to claim old station points. In such case, the present station points will not be considered.

v. Visually challenged teachers (> 40%) & Orthopedically Challenged Teachers (> 75%) are exempted from transfers. However, if such teachers desire to apply for transfer, they may apply for transfer counselling.

a. Transfers shall be effected within the present management in which the teacher is working.
b. If the Headmaster (Gr.II)/Teacher desires to go to his/her parent
management such Headmaster (Gr.II)/Teacher may opt for transfer to only those vacancies available in their parent management. In such instances, their seniority shall be taken into account in the parent management.
c. Subject to fulfilment of conditions stipulated in this GO, Non-ITDA Headmaster (Gr.ll)/Teacher currently working in Schools in ITDA areals may also apply for transfers to Non-ITDA areas. However, they will be relieved only after their replacement by substitutes.
d. If the vacancy of teacher post could not be filled in ITDA areas, junior most
surplus teacher/s in Non-ITDA areas shall be deputed temporarily after transfer counselling.

3. Transfers Counselling

a. Such Districts (as were notified prior to the re-organization of districts vide notification dt:03.04.2022) shall continue to be treated as a Unit for transfers.
b. Transfers and postings of Headmasters (Gr.lI)/Teachers shall be done based
on station & special points as specified in these rules.
c. After the finalization of lists and notification of vacancies, Options shall have to be exercised by the Headmasters (Gr.lI)/Teachers through web counselling.
d. Transfer orders shall be issued by the competent authority with the approval
of respective Committees based on the [mal lists drawn online duly following the prescribed procedure.

4. Competent Authority for Postings & Transfers
The appointing authority concerned shall issue transfer and posting orders based on the outcome of the web options exercised by the Headmaster (Gr.lI)/Teachers.

5. Committee for Transfers and Counselling: The following competent authorities are constituted to conduct counselling in accordance with the list prepared as per rule 11, 12 & 13.

(i) For Transfer of Headmaster (Gr.ll) in Government High School

a. Zonal Headquarter Joint Collectors (i.e., Visakhapatnam, Guntur, Kakinada and YSR districts) shall act as Chairman of the Committee.

b. The concerned Regional Joint Director of School Education shall act as
Member Secretary.

c. The District Educational Officers are concerned Members. Note:

1. The Committee shall be the competent authority for the transfer of all Headmasters (Gr.lI) in the Government High Schools in the respective Zone. Counselling shall be done by this committee with the support of a web counselling system based on the list prepared as per rule 11, 12 & 13.

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

(ii) For Transfer of Headmasters (Gr.1l) in Zilla Parishad High Schools:

a. Chairman, Zilla Parishad/Special Officer shall act as Chairman.
b. Regional Joint Director of School Education – Member Secretary. c. Chief Executive Officer – Z.P. – Member.
d. District Educational Officers concerned are Members.
Note:
1. The Committee shall be the competent authority for the transfer of all Headmasters (Gr.ll) in ZP High Schools in the District
11. The Regional Joint Director of School Education concerned shall be the competent authority to issue transfer orders of the Headmasters (Gr.II) working in ZP High Schools, after the approval by the Committee. Counselling shall be done by this committee with the support of a web counselling system.

(iii) For Transfer of Teachers in Government High Schools

a. Collector / Joint Collector (erstwhile) — Chairman. b. Collectorl1oint Collector concerned – Co-Chairman.
c. District Educational Officer (erstwhile) – Member Secretary. d. District Educational Officers concerned are Members

(iv) For Transfer of Teachers in Zilla Parishad / MPP Schools. a. Chairman, ZP /Special Officer – Chairman.
b. Chief Executive Officer Z. P. — Member.
c. District Educational Officer (erstwhile) – Member Secretary d. District Educational Officers concerned are Members.

Note:

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

6. Station Points

Station points shall be awarded to the Headmaster (Gr. II) / Teachers for no. of years of service in the respective school as on 31.05.2023 in the following manner

(i)

(a) For every year of service in Category IV areas 5 (b) For every year of service in Category III areas 3 (c) For every year of service in Category II areas 2
(d) For every year of service in Category I areas 1

(ii) The Habitations / Towns shall be classified under the following categories, viz,

Category – I All Habitations/Towns where 20% (RPS-20 15)/ 16% (RPS-2020) and above HRA are admissible
Category – II All Habitations/Towns where 14.5 % (RP S -2 015)/ 12%
(RPS-2020) and above HRA are admissible
Category-III All Habitations/Towns where 12% (RPS-2015)/ 10% (RPS-2020) and above HRA is admissible
Category-IV All Habitations where 12% (RPS-2015)110% (RPS-
2020) HRA is admissible, and which do not have connectivity through an all-weather road as per the norms of Roads & Buildings/Panchayat Raj (Engineering) Department. Hilltop area schools shall be considered Category – IV.
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In the case of Villages I Towns which were in one category earlier and later changed to the other category (as per HRA I Road condition) in such cases, the station points shall be calculated proportionately.

(iii) The District level committee shall follow the list of habitations declared as category IV for effecting transfers in the previous years to calculate the station points.

(iv) For the service rendered: 0.5 points shall be awarded to all Headmaster (Gr.II)/Teachers (including HM (Gr.II)/Teachers absorbed from aided management) for every completed year of service in all categories as on
31.05.2023.

7. Special Points POINTS

(i) Un-married female Headmaster (Gr.II)/Teacher 5 (ii) Headmaster (Gr.II)/Teacher whose spouse belongs to State 5
Government or Central Government or Public Sector
undertaking or Local Body, AP Residential Educational Institutions Societies, Aided Institution or A.P. Model Schools or KGBV s (only teaching staff) and working in the same district/zonal cadre and adjacent district. Headmasters (Gr.II)/Teachers may opt for transfer to a place within the District or to an Adjacent MandaI I Division to the neighbouring District towards the nearer place of working of his/her spouse. The benefit of spouse points shall apply 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 (Gr.II)/Teacher concerned under proper attestation.

If both the spouses are under compulsory transfer I reapportion, he/she may be permitted to opt for any place in the district and only one of the spouses shall be eligible for entitlement of spouse points. If one of the spouses is under compulsory transfer I reapportion, the spouse who is in the first spell counselling may be allowed to opt for any place in the district, if his I her spouse is under compulsory transfer I re- apportion.

If the spouse is working in the neighbouring district I adjacent district, the teacher availing spouse points should opt for the nearest place in the district to the working place of her I his spouse in the adjacent district.

A copy of the certificate issued by the competent authority shall be enclosed on the checklist to consider cases under this category
(iii) (a) Physically Handicapped i.e. those with not less than 40% to 5
55% Visually Challenged/Orthopedically Handicapped/ Hearing Impaired.
(b) Physically Handicapped i.e. those with not less than 56%
to 69% Visually Challenged/Orthopedically Handicapped/ 10
Hearing Impaired.
(iv) The President and General Secretary of the recognized 5
Teachers’ Unions at the State and District Level
(v) Re-apportionment Points (05 points): The Headmaster 5 (Gr.II)/Teachers who are affected by re-apportionment are eligible for extra points over and above already secured points.
The Headmasters (Gr.II)/Teachers who have completed 5/8
Academic years of service respectively in a particular school and; senior teacher given willingness are not eligible for Re- apportionment points.

Note: If an option is not given, he/she will be allotted to category IV / III leftover vacancies only.

8. In case of a Tie in Points secured: In case, the entitlement points of two or more applicants are equal then

a. The seniority in the cadre shall be taken into account.
b. Priority to the candidate based on the date of birth (Senior) besides rule (a)
above.
c. Women

9. Preferential Categories: The following categories shall be preferred in the order given below, irrespective of their points awarded under rule 6 & 7.

a. Physically handicapped i.e., those with not less than 70% Visually
Challenged/Hearing Impaired/Orthopedically Challenged employees. b. Widows / Legally Separated Women
c. A teacher who is suffering from the following diseases, in which he/she is
undergoing treatment

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

d. Applicants with dependents i.e., Mother, Father, Children, and Spouse who are mentally challenged and are undergoing treatment.

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

f. Applicants with dependent children suffering from Juvenile Diabetes.

g. Applicants with dependent children suffering from Thalassemia Disease.

h. An applicant with dependent children suffering from Hemophilia Disease.

1. An applicant with dependent children suffering from Muscular Dystrophy. J. Spouse of the service person in Army/Navy/Air Force/BSF/CRPF/ CISF
k. Ex-servicemen in Army/Navy/Air ForcelBSFICRPFICISF now working as a teacher shall be considered.

Provided that any request for preference from Headmaster (Gr.II)/Teacher not belonging to any other categories under rule 9 (a) to (k) shall be considered by the committee on case by case in public interest and on medical grounds.

Note 1: Where the preferential category is claimed on health grounds as per rules 9 (c) to (i) latest medical reports (6 months before the date of issuance of G.O) as certified by the District Medical Board should be submitted to the Committee. However, candidates selected under PH quota and recorded in SR need not furnish any certificate afresh.

Note 2: The Headmaster (Gr-II)/Teacher should avail of either the preferential category (Rule 9) or the special points {rule 7 (i to iv)} once in 5/8 years respectively and an entry is to be made in his/her SR and the same shall be certified by the DDO concerned.

Note 3: The Headmasters (Gr.ll) 1 Teachers who have availed the preferential category or special points in the earlier transfer counselling and are now affected under Re-apportionment without completion of 5/8 Academic years of service respectively shall be given the respective benefits/entitlement points along with the Re-apportionment points. In such case, the present station points will not be considered.

10. Notification of vacancies:

1. The following vacancies shall be notified for counselling:

a. All clear vacancies as on 31.05.2023.

b. All vacancies arising due to compulsory transfers as per rule 2 c. Resultant vacancies arise during counselling.
d. Vacancies exist due to the authorized/unauthorized absence of teachers for
more than 1 year.

e. Vacancies due to maternity leave, medical leave, or under suspension should not be notified. They can be filled up by work adjustment if the period is beyond 4 weeks.

f. The committee shall arrive at the number of vacancies i.e. the difference between sanctioned and working in each cadre. Then the committee shall have to block the same number of vacancies proportionately in categories I, II and III taking Mandal as a unit. Example: In an erstwhile district, sanctioned SGT posts: 5,000 and working: 4500, then to be blocked vacancies are 5000-4500=500. If 40 mandals in the district, proportionately block that 500 vacancies in category-I, II and III.
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11. The Headmaster (Gr.Il)/Teacher vacancies shall be computed based on the Child Info data with the cut-off date as of 31.08.2022 and by taking into consideration the pupil-teacher ratio and as per the re-apportionment norms as notified by Government vide ref 2nd & 3rd read above. This shall be re- confirmed by the competent authorities after field-level verification with the approval of their respective committees.

11. Publication of vacancies and list on the basis of points awarded:

1. The following lists shall be published on the website specified for the purpose and also on the District’s website concerned, by the respective DEOs.

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

b. The School wise vacancy position of Headmaster (Gr.ll) ISchool Assistant/Secondary Grade Teacher and equivalent categories for counselling.

c. Subject to the procedure prescribed in clause (ii) below, the list of names of the Headmaster (Gr.Il) I Teacher who applied for transfer with station & special points.

ii. After the last date for applying for transfers as per schedule, the list shall be prepared, using software for generating the station & special points management-wise, category-wise, subject-wise, and medium wise and the list with station & special points shall be published on the website specified for the purpose and also on their Districts website concerned.

12. Online Application and Process for Web Counselling.

1. The Headmasters (Gr.II)/teachers shall apply for transfer in the prescribed online services for web-based allotment at https:llcse.ap.gov.in.

11. Only online applications received through the website shall be considered for transfer and processed further. Under any circumstances, no physical application shall be entertained.

111. 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., MandaI Educational Officer/Headmaster High SchoollDeputy Educational Officer, as the case may be.

Note – Submission of Hard copies is only for verification purposes and shall not be processed for transfer.
IV. The Headmaster (Gr. II) I Teacher who is eligible as per the criteria
prescribed in rule 2 may apply online through the 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 the Preferential categories/spouse category shall also upload and submit the latest certificate from the competent authority in this regard as mentioned in Note 1 of rule.9 along with the application.

VI. After receipt of applications, the DEOs concerned shall display the provisional lists and call for objections if any. After redressing the objections/grievances, the authority shall display the final list along with the station & special points on the website/notice board.

VB. Once the Headmaster (Gr.II)/Teacher applies online it shall be final. No teacher is allowed to apply multiple times.

Vlll.

1. The Headmaster (Gr.II)/Teacher who is compulsorily transferrable under rule.2 should select all options.

2. If any Headmaster (Gr.II)/Teacher who is compulsorily transferable under rule.2 does not apply online and exercise his/her options shall be transferred to the available leftover needy vacancies in category III & IV schools.

13. Receipt and disposal of Objections / Grievances:

1. Objections if any in respect of the list and station & special points published as per rule 6&7 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.

11. The District Educational Officer / Regional Joint Director of School Education, as the case may be, shall cause verification 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 list and publish the same on the website.

14. Issue of Transfer Orders:

1. The competent authorities concerned shall issue posting orders to all the
Headmasters (Gr.II)/ Teachers.

11. The Headmasters (Gr.II)/Teachers who are to be compulsorily transferred and who do not apply for counselling, shall be given posting orders in absentia to the leftover needy vacancies at Category IV only, if Category IV vacancies are not available then allot at Category III at the end of the web counselling of that particular category of teachers.

111. 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 cormnittee 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 the outcome of pending cases at various courts.

v. The transfers affected shall be displayed on the website and also on the district website concerned after the completion of counselling.

15. Date of Relief and Joining:

(i) The Headmaster (Gr.II)/Teacher who is on transfer shall be relieved with immediate effect from the present place of work on receipt of the transfer orders and he/she shall join 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 Counselling 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 transferred he/she shall not be relieved without a substitute.

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

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

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

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

f. Work Adjustment shall be completed within 7 working days after completion of the Transfer exercise.

(ii) A Headmaster (Gr.II)/Teacher who doesn’t so join, cannot claim compulsory wait, under any circumstances for any reason.

16. Appeal Mechanism

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 of School Education such appeal should be submitted within 10 days.

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

111. The teachers who have any grievances on the transfer counselling should avail of all levels of appeal provisions before going for other legal remedies.
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17. 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 an order accordingly or remand the case with any direction 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 the exercise of its powers under rule 17 (i) 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.

18. ServicelDisciplinary action for furnishing false information & violation
of Rules.
1.

a. Any Headmaster (Gr.II)/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 re-posted to Category-IV & III area/leftover vacancy.

b. The HMlMEOlDylOS/DyEO who have countersigned such false information shall be liable for disciplinary action as per AP CCA Rules in addition to prosecution as per rules.

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

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

19. Notwithstanding anything to the contrary contained herein above, it shall be the competent to the Government to relax any criteria or rule in a given case for reason to be recorded in writing justifying such relaxations and in the public interest.

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