IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF AUGUST, 2019 PRESENT THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE R. DEVDAS WRIT PETITION Nos.32176-32183 OF 2019 (S-KAT) BETWEEN:
1. SMT.SAVITHA C R W/O NAGARAJAPPA A AGED ABOUT 48 YEARS, WORKING AS ASSISTANT TEACHER KANNADA GOVT. HIGHER PRIMARY SCHOOL, GONIWADA CAMP DAVANAGERE SOUTH TALUK 2. SRI.ISMAIL E S/O IBRAHIM SAB AGED ABOUT 46 YEARSK, WORKING AS ASSISTANT TEACHER KANNADA, GOVT. HIGHER PRIMARY SCHOOL MUKTHENAHALLI, HONNALI TALUK DAVANAGERE DISTRICT 3. *SMT.MANJULA. R W/O LIYAKHATH ALI AGED ABOUT 45 YEARS, WORKING AS ASSISTANT TEACHER KANNADA GOVT. HIGHER PRIMARY SCHOOL T.GOPAGUNDANAHALLI, HONNALI TALUK DAVANAGERE DISTRICT * Corrected vide Chamber order dated:12.09.2019 4. SRI.GOPINATH P.S. S/O HANUMAPPA B P AGED ABOUT 50 YEARS, WORKING AS ASSISTANT TEACHER KANNADA GOVT. HIGHER PRIMARY SCHOOL KURVUA HONNALI TALUK, DAVANAGERE DISTRICT 5. SMT.NEELAMMA K B W/O ANJANEYA H AGED ABOUT 50 YEARS, WORKING AS ASSISTANT TEACHER KANNADA GOVT. HIGHER PRIMARY SCHOOL, NELAHONNE, HONNALI TALUK DAVANAGERE DISTRICT 6. SMT.VEDHAVATHI S.P.
W/O VISHNUVARDHANA S T AGED ABOUT 43 YEARS, WORKING AS ASSISTANT TEACHER KANNADA GOVT. HIGHER PRIMARY SCHOOL BADA, DAVANAGERE SOUTH TALUK DAVANAGERE DISTRICT 7. SMT.A.R.JYOTHI W/O B M CHANDRASHEKAR AGED ABOUT 45 YEARS, WORKING AS ASSISTANT TEACHER KANNADA GOVT. HIGHER PRIMARY SCHOOL AREHALLI-KADARANAHALLI CHANNAGIRI TALUK DAVANAGERE DISTRICT 8. SRI SIDDAPPA K M S/O MALLURAPPA AGED ABOUT 42 YEARS, WORKING AS ASSISTANT TEACHER (KANNADA) GOVT. HIGHER PRIMARY SCHOOL GHANTAPUR, HONNALI TALUK DAVANAGERE DISTRICT ... PETITIONERS (BY SRI.JAGADEESH GOUD PATIL, ADV. ) AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPT. OF PRIMARY EDUCATION, M.S.BUILDING BENGALURU - 560 001 2. THE COMMISSIONER FOR PUBLIC INSTRUCTIONS NRUPATHUNGA ROAD, BENGALURU - 560 001 3. THE DIRECTOR DEPARTMENT OF PUBLIC INSTRUCTIONS NRUPATHUNGA ROAD, BENGALURU - 560 001 4. THE DEPUTY DIRECTOR DEPARTMENT OF PUBLIC INSTRUCTIONS DAVANAGERE DISTRICT DAVANAGERE-577003 5. THE DEPUTY DIRECTOR DEPARTMENT OF PUBLIC INSTRUCTIONS BELLARY DISTRICT BELLARY-583 102 6. THE BLOCK EDUCATION OFFICER CHANNAGIRI TALUK DAVANAGERE DISTRICT-577 213 7. THE BLOCK EDUCATION OFFICER HONNALI TALUK DAVANAGERE DISTRICT-577 217 8. THE BLOCK EDUCATION OFFICER DAVANAGERE SOUTH TALUK DAVANAGERE DISTRICT - 577 003 9. THE BLOCK EDUCATION OFFICER HARAPANAHALLI TALUK BELLARY DISTRICT - 577 213 ... RESPONDENTS (BY SMT.M.S.PRATHIMA, AGA) THESE WRIT PETITIONS ARE FILED UNDER SECTIONS 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DTD:22.7.2019 PASSED BY THE KARNATAKA ADMINISTRATIVE TRIBUNAL, BENGALURU IN A.NO.3423 TO 3430/2019 AT ANNEXURE-A AND ALLOW THE A.NO.3423 TO 3430/2019 AT ANNEXURE-B BEFORE THE KSAT, BENGALURU BENCH AS PRAYED FOR, ONLY IN RESPECT OF THE PETITIONERS BEFORE THIS HON'BLE COURT IN THE ABOVE W.P.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, DEVDAS J., DELIVERED THE FOLLOWING:
O R D E R The petitioners in these batch of writ petitions have called in question the orders passed by the Karnataka State Administrative Tribunal. Though the Tribunal was impressed with the contentions of the petitioners that the applicants who belong to Davanagere District and are working as Assistant Teachers, have been transferred to Harapanahalli Taluk which is now in Bellary District, was found to the contrary to provisions of law, the petitioners are not satisfied with the order. However, keeping the interest of the students in mind, the Tribunal directed the petitioners herein to make individual representations to the respondents and the respondents were directed to consider the same in terms of Rule 4(8) of the Teachers Transfer Rules, 2017 and the letter of Commissioner of Public Instructions dated 18th July, 2019 within a period of three months from the date of receipt of such representation.
2. The learned counsel for the petitioners submit that with respect to some of the petitioners, relief has already been granted by the State Government, while the same relief has not been extended to the other petitioners.
3. After hearing the learned counsel for the petitioners and the learned Additional Government Advocate, we deem it fit to modify the order passed by the Tribunal, while directing the respondents to consider the representations within a period of eight weeks from today and pass orders taking into consideration the benefit given to the other petitioners/teachers similarly situated.
With these observations, petitions stand disposed of.
Sd/- JUDGE Sd/- JUDGE lnn