T RAJITHAMMA AND OTHERS Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Writ Petition is a follow up of the situation obtained through the judgment in W.P.No.19141 of 2018 and connections, which dealt with the challenge to the vires of G.O.Ms.No.16, dated 06.06.2018.

(2.) We have heard the learned Senior Counsel for the petitioners and the learned Additional Advocate General for the State of Telangana.

(3.) The impugned Government Order in G.O.Ms.No.17, dated 06.07.2018 (Ex.P.15) provides to make the Regional Joint Director of School Education concerned as the competent authority for issuing transfer and posting orders. An appeal is also provided from the decision of the Regional Joint Director of School Education to the Commissioner and Director of School Education. It is argued on behalf of the petitioners that the impugned G.O.Ms.No.17 is merely an executive instruction and it could not have been issued to occupy the field relating to transfer, because, in view of the afore-noted judgment, the earlier statutory rule no more holds good and, hence, the prior rule position which prevailed before G.O.Ms.No.16 came into force should be treated to have automatically resurrected.