The Andhra Pradesh Teachers (Regulation of Transfers) Rules, 2013
Rules - The Andhra Pradesh Teachers
(Regulation of Transfers) Rules, 2013 – Notified Orders – Issued
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EDUCATION (SE-SER.III) DEPARTMENT
G.O.Ms.No. 33 Dated: 02.05.2013
Read:
From the Commissioner & Director
of School Education, AP, Hyderabad Lr.Rc.No.1485/D3-1/2013,
Dt: 23.04.2013.
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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.
Further,
Under Right to Education (RTE) Act 2009, every child in age group of 6 to 14
years will have to be provided upto 8 years of Elementary Education on
admission to an age appropriate class in the vicinity of his / her
neighborhood. Accordingly, there is a need to rationalize the
staff in schools and posts in Primary and Upper Primary as there are some
schools with over strength of students vis-Ã -vis the sanctioned teaching posts
and on the other hand some schools with uneconomic strength of students with
more teachers, and there is need to regulate the staffing pattern by way of
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, 2013.
2) These
rules shall be applicable to Headmaster Gr.-II Gazetted in Andhra Pradesh School Education
Service and School Assistants / SGTs
and other equivalent 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 counseling 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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Competent authority for issue of transfer and posting orders:
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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.
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 Girls High School.
(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.
4) The teachers shifted under
Rationalization i.e., Primary Schools and Upper Primary Schools (SGT
Category) shall also participate in the Transfers Counseling.
5). The Headmasters Gr.II Gazetted
/Teacher who have completed 8 years service as NCC officer should be posted
in a vacancy in a school where there is NCC unit, if there is no vacancy,
they may be posted in a school where there is no NCC Unit, so that the NCC
teacher can open a new NCC unit in the school.
6). All transfers shall be effected
from within the Present Management, Agency Area to Agency Area, Plain Area to
Plain Area.
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6
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Entitlement
points
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I. Common Points:
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.
(b) For the Service rendered: 0.5
point for every year of completed service in the total
service in all categories as on 1st
July of the year.
II. Special Points (Extra Points):
(a) The President and General Secretary of the recognized
teachers’ Unions at the State and District Levels are eligible for ten (10)
points.
(b)
Ten (10) points for un-married Headmistress Gr II / female Teacher.
(c) 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, Benefit of spouse points shall
be applicable to one of the spouses
once in 8 years, 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.
(d)
Ten (10) points to the Headmaster Gr.II Gazetted / Teacher who is working as
NCC officer.
III. Rationalization Points:
For the teachers who are affected
by rationalization process they are eligible for 10 points extra over and
above already secured. The teachers who have completed 8 years service are
not eligible for 10 points extra over and above already secured.
IV. 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 Extra
Entitlement
Points
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a) The teachers who have got
National or State award issued by the Central / State Government will get 15
and 10 points respectively any one of the above awards.
b) The Teachers who have enrolled
100% children in the school and who have taken steps to reduce the drop out
rate / out of school children, and also who are regular to school, sincere in
discharging duties are eligible for ten (10) points. Provided they should
enclose a certificate issued by the State Project Director, RVM (SSA),
Director, RMSA, Hyderabad.
Minus Points:
If the State Project Director, RVM
(SSA), Director, RMSA, Hyderabad are noticed the performance of the teacher
i.e. irregular attendance/ Un-authorized absence, not completing syllabus 10
points shall be deducted out of total allotted marks.
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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, 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)
Children suffering with holes in the heart by birth and undergoing medical
treatment available only at specified places to which they are seeking
transfers.
(g)
Applicants with dependant children suffering from Juvenile Diabetes.
Note 1: For the purpose of (a, d, e & f) above, 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. However the candidates selected under PH quota and recorded in SR
need not furnish any fresh certificate.
Note 2: The Head Master Gr.II
Gazetted / Teachers should avil either the preferential cetagory (Rule 8) or the special points (Rule 6 (II (d
& e))) once in 8 years, and an entry be made in SR.
Note 3: The teachers who have
availed the preferential category or spouse category in the earlier transfer
counselling and now shifted under Rationalization without completion of 8
years of service shall be given the respective benefits / entitlement points
along with the Rationalization points.
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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 counseling.
a) All
the exiting clear vacancies except the leave vacancies.
b) All the vacancies arising due to compulsory transfers as per 5 Rule 5.
c) Resultant vacancies arising
during Counseling.
2) 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 after duly affecting rationalization by taking into
consideration of teacher pupil ratio as notified by Government vide G.O.M.S.
No. 55 dt. 23.04.2011 as amended for time to time.
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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 counseling.
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 needy 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 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 seniority list and publish the same on the website.
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13
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Committees for
conducting
counseling and
transfers
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The following committees are
constituted for the purpose of conducting counseling 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.
(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.
(III) For Transfer of Teachers
in Government High Schools
(a) Collector / Joint Collector --
Chairman
(b) Chief Executive Officer Z. P. -
- Member
(c) District Educational Officer –
Member Secretary
(IV) For Transfer of Teachers
in Zilla Parishad / MPP Schools
(a) Chairman, ZP /Special Officer –
Chairman
(b) Collector / Joint Collector --
Member
(c) Chief Executive Officer Z. P. -
- Member
(d) District Educational Officer –
Member Secretary
Note: The District Educational Officer
concerned shall be competent authority to issue transfer orders to all the
teachers working in the Government Schools and ZPP / MPP Schools after the
approval by the Committee.
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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 needy 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.
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.
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
counseling.
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15
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Date of relief and
Joining:
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1) 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 counseling.
Provided the
Teachers (including subject teachers) who are transferred under Transfer
Counseling shall be relieved subject to the condition that there shall be 50%
of regular teachers (fraction shall be treated as One) working in the school
and also only the senior most Teachers (including subject teachers) shall be
relieved.
Examples:
i. If only one Teacher (including subject
teachers) is working in the School and got transfer he / she shall not be
relieved without substitute.
ii. If two Teachers (including subject
teachers) are working in the School and got transfer, the junior in the
school shall not be relieved without substitute.
iii. If three Teachers (including subject
teachers) are working in the School and got transfer, the two juniors in the
school shall not be relieved without substitute.
iv. If four Teachers (including subject
teachers) are working in the school and got transfer, the two juniors in the
school shall not be relieved without substitute.
v. Likewise, if eleven Teachers (including
subject teachers) are working in the school and got transfer, the six juniors
in the school shall not be relieved without substitute.
2) A Headmaster Gr.II Gazetted /
Teacher who dose not so join cannot claim compulsory wait under any
circumstances for any reason.
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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.
3) The teachers have any grievance
on the transfer counseling should avail all levels of appeal provisions
before going for other legal remedies.
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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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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)
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GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Rules - The Andhra Pradesh Teachers
(Regulation of Transfers) Rules, 2013 –
Amendment - Orders – Issued.
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EDUCATION (SE-Ser.III) DEPARTMENT
G.O.Ms.No. 34 Dated: 03.05.2013
Read the following:
1) G.O.Ms.No.33, Education
(SE-Ser.III) Department, dt. 02.05.2013
2) From the C&DSE., Hyderabad
Lr.Rc.No.1485/D3-1/2013, Dt: 03.05.2013,
ORDER:
In the circumstances reported by the
Commissioner & Director of School
Education, Hyderabad in reference 2nd read above, the
following amendment is
issued to the G.O. 1st read above
EXISTING
in G.O.Ms.No.33,
dt. 02.05.2013
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TO BE READ AS
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Rule 5 (4) :
The teachers
shifted under
Rationalisation
i.e. Primary Schools
and Upper Primary
Schools (SGT
Category), shall
also participate in the
Transfers
Counseling.
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Rule 5 (4) :
The teachers
shifted under
Rationalisation
i.e. Primary Schools and
Upper Primary
Schools and SGTs in
High Schools
(provided if required
number of teacher
posts are sanctioned
in High Schools)
shall also participate in
the Transfers
Counseling.
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Rule 6 II (d):
Ten (10) points to
the Headmaster
Gr.II Gazetted /
Teacher who is
working as NCC
Officer.
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Rule 6 II (d):
Ten (10) points to
the Headmaster Gr.II
Gazetted / Teacher
who is working as
NCC Officer, if
they have completed 8
years service in
the School
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Rule 8 Note -2:
The Headmaster
Grade-II Gazetted /
Teachers should
avail either the
preferential
category (Rule 8) or the
special points
{Rule 6 (II) (d & e)} once
in 8 years and an
entry be made in
SR.
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Rule 8 Note -2:
The Headmaster
Grade-II Gazetted /
Teachers should
avail either the
preferential
category (Rule 8) or the
special points
(Rule 6 (II) (c)} once in 8
years and an entry
be made in SR.
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Rule 9 (1)(b) :
All the vacancies
arising due to
compulsory
transfers as per 5 Rule 5.
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Rule 9 (1)(b) :
All the vacancies
arising due to
compulsory
transfers as per Rule 5.
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2. The Commissioner & Director of
School Education, Hyderabad, shall take
necessary action accordingly.
(BY ORDER AND IN THE NAME OF THE
GOVERNOR OF ANDHRA PRADESH)
RAJESHWAR TIWARI
PRINCIPAL SECRETARY TO GOVERNMENT (SE)
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