IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF NOVEMBER, 2019 PRESENT THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA AND THE HON’BLE MR.JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.38954/2019 [S-KSAT] BETWEEN SMT G C POORNIMA W/O DR T.ASHWATHANARAYANA AGED ABOUT 48 YEARS WORKING AS JOINT DIRECTOR OF AGRICULTURE AND LAND DEVELOPMENT OFFICER, BHADRA CADA SHIVAMOGGA – 577 222 ...PETITIONER (BY SRI SUBRAMANYA BHAT M, ADVOCATE) AND 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF AGRICULTURE VIKASA SOUDHA BENGALURU – 560001 2. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF WATER RESOURCES VIKASA SOUDHA BENGALURU – 560 001 3. SRI K P ARUN MAJOR IN AGE WORKING AS DEPUTY DIRECTOR OF AGRICULTURE STATE PESTICIDES TESTING LABORATORY SHIVAMOGGA – 577201 …RESPONDENTS (BY SMT.SHILPA S GOGI, HCGP FOR R1 & R2, SRI K.M.PRAKASH, ADVOCATE FOR R3) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 31.7.2019 IN APPLICATION NO.3988/2019 ON THE FILE OF THE HON’BLE KARNATAKA ADMINISTRATIVE TRIBUNAL(ANNEXURE-D) AND ALLOW THE ABOVE SAID APPLICATION AS THE SAME SUFFERS FROM ERROR APPARENT ON THE FACE OF THE RECORD AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, SATYANARAYANA J., MADE THE FOLLOWING:
ORDER The Applicant in Application No.3988/2019 on the file of the Karnataka State Administrative Tribunal, Bengaluru [‘KSAT’ for short], has come up in this proceedings, impugning the order dated 31.07.2019 passed therein and for other directions.
2. Admittedly, one of the prayer in the writ petition is for a direction to continue the petitioner as Joint Director of Agriculture and Land Development Officer [Agriculture], Bhadra CADA, Shivamogga, in terms of the order dated 2.3.2017 vide Annexure-A4. The said prayer before the KSAT is already rejected. Thereafter, it is seen that the petitioner has approached the State by filing representation to show posting to her.
3. In response thereto, the petitioner is already provided posting as Joint Director of Agriculture, Kodagu, and the said order is passed on 12.09.2019 subsequent to the present writ petition filed and interim order is secured.
4. In that view of the matter, this Court finds that since she has already secured posting on 12.09.2019, the present writ petition does not survive for consideration and the only option that is available to her is to go and join duty in the place shown in transfer order dated 12.09.2019 vide Annexure-R1. With such observation, this writ petition is dismissed.
In view of dismissal of the writ petition, I.A. No.2/2019 filed seeking vacating order of stay granted earlier does not survive for consideration, hence I.A. No.2/2019 stands disposed of.
Sd/- JUDGE Sd/- JUDGE AN/-