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Circular on Court Cases on Transfers 2020

 Cir.No. ESE02-23021/9/2020-LEGAL-CSE Dt:08/01/2021

Circular on Court Cases on Transfers 2020

Sub:-School Education – Legal Cell – To take immediate action on Court directions – Reg.

All the Regional Joint Directors of School Education / District Educational Officers and all subordinate officers in the State are informed that the Director of School Education, Andhra Pradesh took up a review on court cases and noticed that, due to delay in disposing off the representations / grievances by the respective authorities, the teachers and managements are approaching the Courts of Law for suitable directions and obtaining interim directions. That due to non implementation of the interim directions within the stipulated time, the petitioners are filing Contempt cases against the Officers leading to embarrassment to the senior officers.

2. In view of the above to avoid such unwanted situations, the following instructions are hereby issued for strict implementation.

  • a) To implement the orders as directed by the Hon’ble Court subject to the outcome of the writ petition with reference to the rules and issue appropriate orders within the stipulated time. 
  • b) If the orders of the Hon’ble High Court are not feasible for compliance an affidavit shall be submitted to the Hon'ble High Court for considering vacating the interim directions or prefer an appeal as the case may be. Such an affidavit shall be filed within (7) days from the date of receipt of the orders 
  • c) But in no case, either vacate petition or appeal shall be preferred after the contempt case is filed against the department. If there are grounds for appeal, such an appeal shall be filed within (15) days from the date of receipt of the orders.
  • d) Aggrieved by the speaking orders or non implementation of the interim directions, if the petitioner files a contempt case, a vakalat has to be filed through an advocate. If the Government Pleader is filing the vakalat, he should not file it in the capacity of GP, but in his individual capacity only.


3. All officers are hereby requested to adhere to the above instructions carefully.


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