IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2019 BEFORE THE HON' BLE MR. JUSTICE R. DEVDAS WRIT PETITION NO.676/2019 (S-TR) BETWEEN SHRI. H. RAVIKUMAR S/O HANUMANTH C, AGED ABOUT 48 YEARS, PRESENTLY WORKING AS ASSISTANT EXECUTIVE ENGINEER, DISTRICT URBAN DEVELOPMENT CELL, CHIKAMAGALURU -577101.
(BY SRI. SHISHIRA AMARNATH, ADVOCATE) AND 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, VIKAS SOUDHA, DR. AMBEDKAR ROAD, BANGALORE – 560001.
2. UNDER SECRETARY TO THE GOVERNMENT DEPARTMENT OF URBAN DEVELOPMENT, BENGALURU – 560001.
3. B. R. BHASKAR ASSISTANT EXECUTIVE ENGINEER, RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT, KOPPA, CHIKKAMAGALURU – 577101.
... PETITIONER 4. DEPUTY COMMISSIONER DISTRICT URBAN DEVELOPMENT CELL DEPUTY COMMISSIONER OFFICE, CHIKKAMAGALURU DISTRICT, CHIKKAMAGALURU - 577 101.
(BY SMT. M. S. PRATHIMA, AGA FOR R1 AND 2;
... RESPONDENTS NOTICE TO RESPONDENTS NO.3 & 4 DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 07 DECEMBER 2018 PASSED BY R-2 AT ANNEXURE-A.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER R. DEVDAS J., (ORAL):
Learned Additional Government Advocate is directed to take notice for respondents No.1 & 2. Notice to respondents No.3 & 4 are dispensed with at the risk of the petitioner.
2. The petitioner is presently working as Assistant Executive Engineer, (Group-A) at District Urban Development Cell, Chikamagaluru. The petitioner was transferred to the present post of Assistant Executive Engineer, City Municipal Corporation, Mandya on 18.08.2015. The petitioner is aggrieved by the impugned order dated 07.12.2018 whereby the petitioner is been transferred to the post of Assistant Executive Engineer, City Municipal Corporation, Mandya.
3. The ground on which the impugned order is questioned is that as per the guidelines regulating the transfers, the minimum tenure in a particular post is three years, whereas the petitioner has not completed the period of three years and therefore, it is contended that the transfer is contrary to the guidelines issued by the respondent-State Government.
4. Learned Additional Government Advocate points out to the Government Order dated 14.10.2015, wherein the minimum tenure for Group-A and B posts has been decreased from three years to two years.
5. In the light of the said Government Order, learned Additional Government Advocate submits that the petitioner has completed the minimum period of two years and the petitioner was liable to be transferred after completion of two years. Therefore, learned Additional Government Advocate submits that no illegality could be found in the impugned order.
6. Learned counsel for the petitioner fairly submits that the he was not aware of the amendment to minimum period of tenure.
7. In the light of the above, no illegality could be found in the impugned order. Therefore, the writ petition is dismissed.
SD/- JUDGE DL