IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE P.S. DINESH KUMAR WRIT APPEAL NO.822 OF 2019 (S-TR) BETWEEN:
Murthy S/o Halaiah, Aged about 42 years, Chief Officer, Town Municipal Council, Krishnaraja Pete, R/at Gananguru, T.M.Hosuru Post, K.Shettihalli Hobli, Shrirangapatna Taluk, Mandya District-571807. ... Appellant (By Sri.A.V.Gangadharappa, Adv., for Sri.S.P.Ramesha, Adv., for appellant) AND:
1. The State of Karnataka, By its Secretary to Government, Urban Development Department, Vikasa Soudha, Bengaluru-56001.
2. The Commissioner, Urban Development Department, Vishveswaraiah Towers, 9th Floor, Bengaluru-560001.
3. The Deputy Commissioner, Mandya District, Mandya-571401.
4. Sri. Satish Kumar, Major, Manager, Town Municipal Council, Krishnarajapete-571423. Now under the order of Transfer as Chief Officer, Krishnarajapete-571423, Mandya District.
Now working at As Office Manager, Town Municipal Council, Chikkamagaluru. ... Respondents (By Sri. SH.H.Prashanth, AGA for R1 to R3; By Sri.B.Roopesha, Advocate for R4)) ---
This Writ Appeal is filed under section 4 of the Karnataka High Court Act,1961 praying to set aside the impugned order passed by the Hon’ble Single Judge in writ petition No.41074/2018 dated 04.02.2019.
This Appeal coming on for Preliminary Hearing this day, P.S. DINESH KUMAR, delivered the following:
JUDGMENT This writ appeal is filed assailing the order dated 04.02.2019 passed by Hon'ble Single Judge in Writ petition No.41074/2018.
2. Heard Shri. A.V.Gangadharappa, learned Advocate for the appellant, Sri.S.H.Prashanth, learned AGA for the State and Shri.B.Roopesha, learned Advocate for respondent No.4.
3. Briefly stated the facts of the case are, petitioner was working as Chief Officer in Krishnarajapete Town Municipal Council, Mandya District. He challenged the transfer order dated 12.09.2018 by filing the writ petition. The Hon'ble Single Judge has disposed of the writ petition with a direction to the respondents to consider petitioner’s request in terms of Clause 10 contained in transfer Notification.
4. Shri. A.V.Gangadharappa, learned counsel for the appellant contended that fourth respondent was posted in place of appellant on 12.09.2018. No posting was given to the appellant. The transfer is premature because, appellant was earlier transferred to Krishnarajapete Town Municipal Council as Chief Officer vide Notification No. NaAaEe TME 2017 dated 20.07.2017. Within less than one year, appellant has been again transferred by the impugned Notification dated 12.09.2018. Appellant is entitled to continue as Chief Officer Grade-II for a period of four years. The transfer of the appellant is purely politically motivated and not in public interest.
5. Learned counsel for the contesting respondent No.4 submits that as per Clause 10 of the Notification, the appellant is required to seek further posting from the competent Authority. Accordingly, he prays for dismissal of this writ appeal.
6. We have carefully considered rival contentions and perused the records.
7. Appellant has challenged his transfer order on the ground that no further posting was given to him. It is not in dispute that the appellant was transferred without any posting and fourth respondent was posted to his place. The case of the appellant is that interim order was granted on 17.09.2018 staying the operation of the notification insofar as fourth respondent is concerned. By virtue of the same, the appellant has continued in the same post and fourth respondent has not been given any posting.
8. In the facts and circumstances of the case, we are of the view that ends of justice would be met by directing the official respondents to give a posting to the fourth respondent. Accordingly, we dispose of this writ petition with a direction to the official respondents to give a posting to the fourth respondent within a period of four weeks from the date of receipt of a copy of this order.
No costs.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE JS/-