IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER 2019 PRESENT THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA AND THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.51078 OF 2019 (S-KSAT) BETWEEN:
SMT. GANGAMMA N., W/O. T.E. ERANNA, AGED ABOUT 52 YEARS, WORKING AS ASSISTANT MASTER, GOVERNMENT HIGHER PRIMARY SCHOOL, KAMBADHA BEEDI, TARIKERE, CHIKMAGALURU DISTRICT-577 228. ... PETITIONER (BY SRI: VIRUPAKSHAIAH P.H., ADVOCATE) AND:
1. STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, EDUCATION DEPARTMENT (PRIMARY & SECONDARY EDUCATION) M.S. BUILDING, BENGALURU-560 001.
2. THE COMMISSIONER, DEPARTMENT OF PUBLIC INSTRUCTIONS, NEW PUBLIC OFFICE, NRUPATHUNGA ROAD, BANGALORE-560 001.
3. THE DEPUTY DIRECTOR, DEPARTMENT OF PUBLIC INSTRUCTIONS, ZILLA PANCHAYATH, CHIKMAGALUR DISTRICT, CHIKAMAGALUR-577 101.
4. THE BLOCK EDUCATION OFFICER, DEPARTMENT OF PUBLIC INSTRUCTIONS, TARIKERE TALUK, CHIKMAGALUR DISTRICT-577 228.
5. THIRTHAKUMARA A.G., AGE MAJOR, ASSISTANT MASTER, KANNADA TEACHER, GOVERNMENT HIGHER PRIMARY SCHOOL, KACHIKAL, KOPPA TALUK, CHIKMAGALUR DISTRICT-577 218. ... RESPONDENTS (BY SMT : VENKATA SATYANARAYAN, HCGP FOR R1 TO R4, NOTICE TO R5 IS DISPENSED WITH VIDE COURT ORDER DATED 26.11.2019) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER DATED 09.09.2019 ISSUED BY THE R-3 AUTHORITY VIDE ANNEXURE-A1 AND ORDER DATED 01.08.2019 ISSUED BY THE R3 AUTHORITY VIDE ANNEXURE-A2 HOLDING THE SAME ARE ILLEGAL AND ARBITRARY IN ANNEXURE-B.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP THIS DAY, SATYANARAYANA J, MADE THE FOLLOWING:-
O R D E R Petitioner herein who is presently working as Assistant Master in Government Higher Primary School, Tarikere, Chikmagaluru District has come up in this writ petition impugning the order of transfer dated 09.09.2019 vide Annexure-A1. Admittedly, before coming to this Court, she had approached the tribunal by filing an application in No.6165/2019, wherein the challenge was to the order of transfer itself. However, said application is dismissed on merits on the ground that the petitioner herein has already completed 10 years of service in Tarikere and therefore she should not be continued in same place and she is mandatorily required to be transferred.
2. In this background, she is before this Court in this writ petition. The prayer of the petitioner is not in seeking quashing of the order of transfer, on the other hand, it is more in the nature of mercy petition wherein she would state that she is suffering from Baker’s cyst which has caused considerable amount of difficulty in her mobility with which it will be difficult for her to shift her residence to a distant place from present place of work. According to her, now she is transferred to Moodigere which is 125 kms away. She would plead before the Court that her transfer may be considered to any other place which is nearer to the present posting and she would also furnish all medical records available with her.
3. In the aforesaid circumstances, this Court would observe that, if the information furnished by the petitioner is factually correct and if it is permissible for the State to consider her representation, this Court would observe that the order of transfer which is under challenge may be modified in providing her posting to a place closer to her present place of posting on medical grounds. While considering the same, respondent-State may also verify the correctness or otherwise of her medical condition. If her statement is correct, then her prayer may be considered sympathetically.
With these observations, the writ petition is disposed of.
Sd/- JUDGE *mn/-
Sd/- JUDGE