The Telangana Teachers (Regulation of Transfers) Rules, 2015
GOVERNMENT OF TELANGANA
ABSTRACT
Rules
- The Telangana Teachers (Regulation of Transfers) Rules, 2015
– Notified Orders –Issued
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SCHOOL
EDUCATION (Ser.II) DEPARTMENT
G.O.MS.No.
12 Dated: 16.6.2015
Read
the following:
1.
G.O.Ms.No.33, Education (SE-Ser.III) Department, dated 02-5-2013 read with
G.O.Ms.No.34,
Education (SE-Ser.III) Department, dated 03-5-2013.
2.
G O. Ms. No.15 Higher Education (TE) Department, dated 23-4-2015.
3.
G.O. Ms. No.11, School Education (Ser.II) Department, dated 15-6-2015.
4.
From the Director of School Education, Telangana, Hyderabad,
Lr.Rc.No.Tans/Ser.IV-2/2015,
dated 12.6.2015.
# # #
ORDER:
In
order to facilitate and regulate the transfers of Head Masters,
Grade II
(Gazetted) and Teachers
working in Government /
ZPP / MPP Schools, Government of Telangana have decided
to issue the Rules relating to transfers.
2.
In the G.O. 3rd read above, Orders were issued for rationalisation
of posts and
staff in Government,
ZPP and MPP Schools.
3.
Accordingly, the following Notification shall be published in the
Telangana
Gazette:-
4.
In exercise of the powers conferred by Section 78 and 99 of
Telangana Education
Act, 1982
and under Article 309 of the
Constitution of India and in supersession of all
the earlier
Rules
and Guidelines on Transfer of Teachers, the Government of
Telangana hereby
makes the following Rules regulating the transfers
of the categories of Head
Masters Gr.II (Gazetted), School Assistants
and S.G.T.s and their equivalent
categories working in the Government
Schools and Z.P.P. and MPP Schools in the
State of Telangana.
RULES
1.
Short Title and Applicability:
1)
These Rules shall be called the Telangana
Teachers
(Regulation of Transfers) Rules, 2015.
2)
These Rules shall be applicable to Head Master,
Gr.-II
(Gazetted), School Assistants / SGTs and
other
equivalent categories working in Govt
/Zilla
Parishad/MPP Schools in the State of
Telangana,
herein after referred to as Teacher in
these
Rules.
3)
These rules shall come into force with
immediate
effect.
2. Transfer
counseling: All transfers shall be made by way of
counseling
through Transfer Committees
constituted
for each district / zone.
3. Schedule
of transfers : The Director of School Education,
Telangana,
Hyderabad
shall draw the Schedule and
communicate
the same to the competent
authorities
for affecting transfers from time to
time.
4. Competent authority for issue of transfer and posting
orders:
The
appointing authority concerned shall issue
transfer
and posting orders based on the
recommendation
of the Committee constituted
for
this purpose.
5. Criteria for Transfers:
1)
The following categories of Head Master, Gr.II
(Gazetted)
/ Teacher in the Government / ZPP
/MPP
shall be transferred.
(a)
Head Master Gr.II (Gazetted), who have
completed
(5) years of service in a particular
School
as on 1st July of
the current year shall be
compulsorily
transferred, provided those who
are
going to retire within two years from 1st
July
of the current year shall not be shifted until
and
unless the incumbent requests for such
transfer.
(b)
Teachers, who have completed (8) years service
in
a particular school as on 1st July of the current
year
shall be compulsorily transferred, provided
those
who are going to retire within two years
from
1st July of
the current year shall not be
shifted
until and unless the incumbent requests
for
such transfer.
(c)
The male Head Master Grade-II (Gazetted)
/Teacher
aged below 50 years as on 1st July of
current
year and working in Girls High School.
(d)
The Head Master Grade-II (Gazetted) and the
Subject
Teacher concerned of the school in which
the
pass percentage in the S.S.C. Public Exam
(March)
is less than 25% shall be transferred to
the
schools located in Category-III /
IV
habitations.
However, for want of Subject
Teachers
if the result is below 25%, the Head
Master
concerned shall not be made accountable
and
hence shall not be shifted. The Transfer
Committee
constituted should take up such
transfers
on first instance without reference to
general
transfer or entitlement points of the
individuals.
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)
Head Master Gr.II (Gazetted) / Teacher who has
completed
a minimum period of two years service
in
a category of post in a School as on 1st July of
the
current year shall be eligible to apply for
transfer.
4)
The Head Masters Gr. II (Gazetted) / Teachers
shifted
under Rationalization i.e., Primary
Schools,
Upper Primary Schools and High
Schools
shall also participate in the Transfers
Counseling,
provided those who are going to
retire
within two years from 1st July of
the
current
year shall not be shifted until and unless
the
incumbent requests for such Transfer and
next
junior shall be shifted. If other junior
Teacher
is not available he/she shall be shifted.
5)
The Head Masters, Gr.II (Gazetted) who has
completed
(5) year of service and Teacher who
has
completed (8) years of service as NCC
Officer,
shall be posted in a vacancy in a School
where
there is NCC unit.
6)
All transfers shall be affected within the present
Management,
Agency Area to Agency Area, Plain
Area
to Plain Area.
6. Entitlement Points: I. Common points :
Entitlement
points shall be awarded to the Head
Master
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 current year:-
i.
Service in category IV areas: Five (5)
points for
every
year of service and 0.416 for every month.
ii.
Service in Category III areas: Three (3)
points for
every
year of service and 0.25 for every
completed
month.
iii.
Service in the Category II areas: Two (2)
points
for
every year of service and 0.16 for every
completed
month.
iv.
Service in the Category I areas: One (1)
point for
every
year of service and 0.083 for every
completed
month.
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 / Towns where
12
%
HRA is admissible , and which do not have
connectivity
through an all weather road as per
the
norms of the Panchayath Raj ( Engineering)
Department.
Note
2 : The District Collector shall publish the
list
of habitations in the district which do not have
connectivity
through all weather road as per the
norms
of Panchayath 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: 0.041 point for every
one
month of the completed service in the total
service
in all categories as on 1st July of
the
current
year.
II. Special Points (Extra Points):
a.
The President and General Secretary of the
Teachers'
Associations having OD facility in
terms
G.O.Rt.No.1410, G.A.D. (Ser.Welfare) dated
20-05-2015
at the State and District Levels are
eligible
for ten (10) points.
b.
Ten (10) points for un-married Head
Mistress, Gr-
II
/ Female Teacher.
c.
Ten (10) points for Head Master 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 the Head Master
Gr.II
(Gazetted) once in (5) years and Teachers
once
in (8) years. An entry shall be made in this
regard
in the Service Book. A copy of the
Certificate
issued by the competent authority shall
be
enclosed to the check list to consider cases
under
this category.
III. Rationalization Points:
(a) 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.
(b) The Teachers who were
transferred during
counseling
2013 and could not be relieved for
want
of substitute shall be relieved forthwith
if
posts exist after rationalization. If post does
not
exist after rationalization, he/she shall
participate
in transfer counseling and is
entitled
for (5) additional points.
IV. In case the
entitlement points of 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% (Visually challenged/ Orthohandicap/
Hearing
Impaired) shall take priority.
ii.
Subject to the above, the seniority in the
cadre
shall
be taken into account.
7. Performance Related Extra Entitlement Points :
a) The Teachers who have
got National award
issued
by the Central Government will get
(15)
and who have got State award issued by
the
State Government will get (10) points
respectively
. He/she is eligible for only one
category
whichever is highest.
b) Entitlement points for Performance :
(i)
Results of SSC in concerned subject
for Teachers and overall percentage
to HMs for High Schools only :
For
100% Results – 2.5 points.
For
99% to 95% Results – 2 points.
For
94% to 90% Results – 1 Point.
(ii)
Resource persons conducted
training programmes of SSA or
RMSA for the last three years . He
/ she should have conducted
minimum three programmes during
the last three years :
State
level – 5 points.
District
level – 4 points.
Mandal
level -2 points.
Provided
that they should enclose a
Certificate
issued by the District
Educational
Officer in respect of State
and
District level trainings and Project
Officer,
RVM in respect of Mandal
level
trainings.
8. Preferential categories:
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% Visually challenged / ortho-handicap./
Hearing
Impaired has to produce SADAREM
Certificate or
Medical Board certificate.
b.
Widows.
c.
Legally separated women and not remarried.
d.
Head Master, 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/Liver/Heart Transplantation.
e.
Applicants with dependent children who are
mentally
retarded/ suffering from Leukaemia
(Blood
Cancer) and are undergoing treatment.
f.
Applicants’ 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 (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.
Note 2: The Head
Master, Gr.II (Gazetted)
should
avail either the preferential
category
(Rule 8) or the special points (Rule 6
(II)
(c) once in (5) years, and 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 the Service Book.
Note 3: The Teachers
who have availed the
preferential
category or spouse category in the
earlier
transfer counseling 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.
9. Notification of vacancies :
1)
The following vacancies shall be notified for the
purpose
of counseling.
a)
All the vacancies arising due to compulsory
transfers
as per Rule 5.
b)
Vacancies arising due to rationalization of posts
c)
All the existing clear vacancies except the leave
vacancies
d)
Resultant vacancies arising during Counseling.
10. Publication of vacancies and seniority list.
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
i)
The lists of category wise schools
(category
I, II, III and IV),
ii)
The School wise vacancy position of Head
Master
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 Head
Master,
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 (except Languages) 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 Office / Regional Joint
Director
of School Education Office.
11. Online Application:
1)
The Head Master Gr.II (Gazetted) / Teacher who is
eligible
as per the criteria prescribed in Rule 5
shall
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/Head Master 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 Head Master, Gr.II (Gazetted) / Teacher
who
is compulsorily transferable under Rule 5
does
not apply online or having applied does not
attend
the counseling (physical or online), he/she
will
be transferred to the available left over needy
vacancies.
12. Receipt and disposal of objections:
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 within 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.
13. Committees for conducting counseling and transfers
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 Head Master Gr.II (Gazetted) in
the
Government High Schools in the respective
Zone.
The transfer shall be affected within the
Zone
by way of counseling.
iii.
The Regional Joint Director of School Education
concerned
shall be the competent authority to
issue
transfer and posting orders of the Head
Masters
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, ZP – Chairperson
(b)
Collector – Vice Chairperson
(c)
Joint Collector – Member.
(d)
Chief Executive Officer Z. P. – Member.
(e)
RJDSE or his nominee – Member Secretary.
Note:
i.
The Committee shall be the competent
authority
for
transfer of all Head Master 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 Head Masters 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 – Chairperson
(b)
Joint Collector – Vice Chairperson
(c)
Chief Executive Officer Z. P. – Member.
(d)
District Educational Officer – Member
Secretary.
(IV) For Transfer of Teachers in Zilla Parishad /
MPP Schools
(a)
Chairman, ZP – Chairperson.
(b)
Collector – Vice Chairperson .
(c)
Joint Collector - Member.
(d)
Chief Executive Officer Z. P. – Member.
(e)
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.
14. Issue of transfer Orders :
1)
Based on the recommendations of the respective
Committees,
the appointing authorities
concerned
shall issue posting orders on the same
day
to all the HMs / Teachers. 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 for the
left
over required vacancies at the end of the
counseling
of that particular category of Teachers,
in
the presence of the Committee and in the
counseling
hall without fail.
3)
Head Master Gr.II (Gazetted) / Teacher shall not
be
posted in the Schools located in the same Gram
Panchayat,
if they completed (5) years and (8)
years
of service respectively.
4)
Once transfer orders are issued by the competent
authority
with the approval of the Committee,
review
or modification of the 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 affected 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.
15. Date of relief and Joining:
1)
The Head Master Gr.II (Gazetted) / Teachers
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 serving of orders..
2)
A Head Master Gr.II (Gazetted) / Teacher who
does
not so join cannot claim compulsory wait
under
any circumstances for any reason.
16 Appeal:
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
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 15 days
from
the date of receipt of the appeal.
3)
The Teachers who have any grievance on the
transfer
counseling should avail all levels of
appeal
provisions before going for other legal
remedies.
17. Revision:
1)
The 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 Director of School Education may
stay
the implementation of any such
proceedings,
pending exercise of its powers
under
sub-rule (1) above.
18. Punishment for furnishing false information /
violation of rules :
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.
(BY
ORDER AND IN THE NAME OF THE GOVERNOR OF TELANGANA)
RANJEEV
R.ACHARYA
PRINCIPAL
SECRETARY TO GOVERNMENT
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