IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE Mr.JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.42803 OF 2019 (S-KSRTC) BETWEEN:
HIMAVARDHANA NAIDU ALLURI AGED ABOUT 54 YEARS S/O. A.NARASIMHALU NAIDU EARLIER WORKING AS DIVISIONAL CONTROLLER NOW ON ORDERS OF TRANSFER AS DEPUTY CHIEF MECHANICAL ENGINEER, BMTC, SHANTHINAGAR BENGALURU – 560 027 …PETITIONER (BY SHRI. M.NAGAPRASANNA, SR.ADV. FOR SHRI K.PUTTEGOWDA)) AND:
1. KARNATAKA STATE ROAD TRANSPORT CORPORATION, A CORPORATE BODY ESTABLISHED UNDER SECTION 3 OF THE ROAD TRANSPORT CORPORATIONS ACT, 1950 REPRESENTED BY ITS MANAGING DIRECTOR, CENTRAL OFFICE K.H.ROAD, SHATHINAGAR BENGALURU – 560 027 2. M.S.CHANDRASHEKAR MAJOR BY AGE NOW WORKING AS DIVISIONAL CONTROLLER, KARNATAKA STATE ROAD TRANSPORT CORPORATION SRINIVASPUR ROAD, GULPET KOLAR-563 101 (BY SMT. H.R.RENUKA, ADV., FOR R1; R2 SERVED)) … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH (i) ORDER DATED 30.08.2019 IN GENERAL ESTABLISHMENT ORDER NO.10048 (UNDER ANNX-C TO THE W.P.) (ii) ORDER DATED 30.08.2019 IN GENERAL ESTABLISHMENT ORDER NO.10054 (UNDER ANNX-D TO THE W.P.) BOTH ISSUED BY THE R-1 AND (iii) ORDER DATED 03.09.2019 IN DIVISIONAL ESTABLISHMENT ORDER NO.261/19-20 (UNDER ANNX-E TO THE W.P.) ISSUED BY THE R-2 BY ISSUE OF W.P. AND GRANT ALL CONSEQUENTIAL BENEFITS AND ETC., THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner was working as Divisional Controller in Kolar. He was transferred to Bengaluru Metropolitan Transport Corporation (BMTC), Bengaluru. Petitioner has challenged the said order on the ground that an employee working with Karnataka State Road Transport Corporation (KSRTC) cannot be transferred to BMTC.
2. An interim order was passed by this Court.
Upon a motion made by KSRTC, said interim order was modified and the KSRTC was granted leave to post the petitioner within KSRTC. Accordingly, KSRTC has posted the petitioner to Chikmagalur Training Institute, Chikmagalur. The petitioner now seeks leave of this court to withdraw the writ petition and the same is opposed by learned advocate appearing for KSRTC.
3. Shri Nagaprasanna M., learned Senior advocate appearing for the petitioner submitted that the petitioner cannot be prevented from withdrawing this writ petition.
4. Smt. H.R.Renuka, learned advocate for KSRTC submitted that the issue whether KSRTC can transfer its officials to BMTC is pending consideration before the division bench in W.A.No.2369/2019.
5. Having heard the learned senior advocate for the petitioner and learned advocate for KSRTC, in the opinion of this court, ends of justice would be met by directing the petitioner to continue in the present post at Chikmagalur with liberty to approach the KSRTC based on the judgment in the aforementioned writ appeal.
6. Ordered accordingly.
No costs.
Sd/- JUDGE HJ