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GO 317, confusion over nativity factor in transfers

 “The nativity criterion which was very important in Telangana movement has been given the go-by in the Presidential orders issued in 2018, four years after the formation of a separate state. In fact, the movement for a separate state was started with implementation Mulki Rules as the basis. On the Supreme Court giving a nod to the Mulki Rules and the then chief minister of undivided AP PV Narasimha Rao described SC decision as the final seal of approval, the Andhra leaders launched separate State agitation in Coastal Andhra and Rayala Seema. The factor that was responsible for two separate state agitations and the subsequent division or reorganization of AP was sought to be played down in the name of seniority,” said a leader of employees in Telangana.

After the formation of Telangana State (TS), some people argued that there was no need for Article 371D. But many  said there are inequalities even among Telangana regions and the article should stay. In accordance with the opinion in favour of Art. 371D, the Presidential Order was issued in 2018. One thought that the new presidential order would give importance to the nativity factor. Basing on the order a GO No. 124 was issued by TS government on 30 August 2018. After the number of district was enhanced to 33 from 31, another GO No. 128 was issued. However, the new Presidential Order aimed at distributing employees and teachers of ten districts among 33 district does not contain the word ‘nativity.’ Nativity was the main consideration in formation of Telangana States and the ten districts being divided into 33. But the same factor is not being considered while the employees and teachers are distributed among the districts. The government says nativity is a factor for recruitment not for allocation and transfers.

Since seniority is considered as the sole criterion according to GO. 317, seniors are trying to stay back in district like Hyderabad and Ranga Reddy besides opting for the old district headquarters. The juniors are shifted to districts other than their native districts. Senior teachers who belong to junior cadres also can stay back in cities and towns where as the senior cadre teachers with less seniority such as headmasters have to go to small districts and villages which are not in their native districts. In the name of spouse, seniors are likely to get their wives to their places making it inescapable for the juniors from going to places other than their native districts. The government should have taken the opinion of the teachers and employees’ organizations before deciding the zonal transfers, say those who disagree with the government policy.

Some suggestions say that native and non-native employees and teachers should be posted in the ratio of 80:20 so that major problem would be resolved. The only option before the government is to cancel its GO 317, the detractors say. Congress MLC and former minister T. Jeevan Reddy had appealed to Governor Tamilisai Soundararajan that the controversial GO be cancelled forthwith. “With the GO., only seniority of the employees is being considered, instead of their being local. This is creating tensions among the teachers and the employees. As the transfers are based on the GO some employees are being forced to go for more than 100 kilometres, which is unfair. The case of differently abled is worse. The disability percentage was put at 70% for consideration where as it was 40 in the past. Now disability certificates are not being issued as the board takes more than three months time for the board to meet. Some employees from Mancherial were shifted to Adilabad, about 150 km distance,” said Jeevan Reddy.

However, the government argues that the nativity factor applies only for appointments and not for transfers. This clarity was given in GO 124 issued three years ago. Paras 4 and 5 of the GO made it clear that only seniority would be taken as criterion for transfers.  TBJP president Bandi Sanjay who started jagaran was arrested on Monday and court had remanded him for 14 days. The ruling TRS leaders allege that the main intention of Sanjay was to create confusion among the employees and teachers. The government says it has been following the guidelines issued by the Department of Personnel and Training (DOPT) of the central government. When the process has reached the final stage, the BJP and the Congress leaders are trying to create problems taking advantage of the wish of some employees to work at their native places only.

Devi Prasad, former president of TNGO, said if the BJP is genuine in its demand that nativity should be the sole criterion, it should get the GOPT to issue fresh guidelines including nativity and implement the same  throughout the country. Present president of TGO V Mamatha said the new guidelines for transfers and allocation of employees are good and the employees have to cooperate with the government to implement the same. Mamilla Rajender, president of the TNGO, also expressed the same opinion.  If every teacher wishes to stay in city or  towns who would teach the students in rural areas, asked Pothuri Sudhakar Reddy, former MLC and Kura Raghotham Reddy, teachers’ MLC.

The controversial GO 317 was issued on 6 December 2021 in order to implement allocations and transfers. According to this GO the transfers and allocations of the district cadres would be decided by the District Collector and Head of the Department. In case of zonal and multizonal cadre employees, the decisions will be taken by the principal secretary concerned, additional chief secretary and the concerned head of the department. On December 28, teachers belonging to State Teachers Union conducted seize of secretarial as a protest against the GO.

K. Ramachandra Murthy
K. Ramachandra Murthy
Founder & Editor

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