IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY 2017 BEFORE THE HON’BLE MR.JUSTICE RAGHVENDRA S. CHAUHAN WRIT PETITION NO. 32818 OF 2017 (S-RES) BETWEEN:
SMT. GEETHA D/O LATE SRI PUTTAIAH AGED ABOUT 37 YEARS, RESIDING AT NO.A-10 BHEL TOWNSHIP QUARTERS, VIJAYANAGAR BANGALORE-560040 ... PETITIONER (BY SRI. CHETHAN B, ADV.) AND 1. UNION OF INDIA BY THE MINISTRY OF HOME AFFAIRS NORTH BLOCK, CENTRAL SECRETARIAT NEW DELHI-110 001 REPRESENTED BY ITS SECRETARY 2. THE OFFICE OF THE ASSISTANT COMMANDANT CENTRAL INDUSTRIAL SECURITY FORCE UNIT, BHEL (EDN), BANGALORE-560026 BY ITS ASSISTANT COMMANDANT ... RESPONDENTS (BY SRI. K. S. BHEEMAIAH, CGSC) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE OFFICE ORDER DTD:10.7.2017 PASSED BY THE R-2 IN SO FAR AS THE PETITIONER IS CONCERNED, AT SL NO.2, AS PER ANNEXURE-A; AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr. K. S. Bheemaiah, the learned counsel for the respondents, submits that by order dated 10-07-2017, the petitioner was transferred and assigned to the Airport Sector. The order dated 20-07-2017, and the list attached therewith, clearly show that the petitioner is being transferred, and is being posted with the ASG (Airport Sector), Bengaluru. She will be required to discharge her duties at the Kempegowda International Airport in Bengaluru.
2. Mr. Chethan, the learned counsel for the petitioner, submits that the petitioner is already working in Bengaluru. But, due to her illness, she would find it difficult to work at the International Airport. According to the medical certificate dated 03-07-2017, the petitioner is suffering from giddiness, headache, neck pain, tinnitus, and anxiety, and is undergoing treatment at NIMHANS. Therefore, the learned counsel for the petitioner submits that the transfer order should be interfered with.
3. Heard the learned counsel for the parties.
4. Considering the fact that the petitioner is suffering only from giddiness, headache, neck pain, tinnitus, and anxiety, these physical ailments are not such, which would prevent the petitioner from discharging her duties at the International Airport in Bengaluru. Moreover, her posting at the International Airport certainly does not prevent her from taking her treatment at NIMHANS. Thus the order posting her to International Airport, does not seem to have any adverse effect on the civil or fundamental rights of the petitioner.
For the reasons stated above, this petition does not merit consideration. It is hereby dismissed.
Sd/- Judge Rd/-