IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14th DAY OF AUGUST, 2019 PRESENT THE HON’BLE MR. JUSTICE L. NARAYANA SWAMY AND THE HON’BLE MR. JUSTICE R. DEVDAS WRIT PETITION NO.35291/2019 (S-KSAT) BETWEEN:
SMT. SHIVAMMA W/O.SHANKARALINGAPPA, AGED 59 YEARS, WORKING AS SUPERINTENDENT, OFFICE OF THE TALUKA SOCIAL WELFARE OFFICE, MANVI – 574 123 MANVI TALUK, RAICHUR DISTRICT.
(BY SRI.RANGANATHA S.JOIS, ADV.) AND:
1. THE COMMISSIONER DEPARTMENT OF SOCIAL WELFARE, M.S. BUILDING, VIDHANA SOUDHA, BANGALORE -560 001 2. THE ASSISTANT DIRECTOR (GRADE-I) DEPARTMENT OF SOCIAL WELFARE, ... PETITIONER
(BY SMT. M.S. PRATHIMA, AGA FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONTINUE THE PETITIONER IN THE PRESENT PLACE TILL SHE ATTAINED THE AGE OF SUPERANNUATION AS SUPERINTENDENT, OFFICE OF THE TALUK SOCIAL WELFARE OFFICE, MANVI TALUK RAICHUR DISTRICT AND PAY HER SALARY AND ALLOWANCES FROM JULY 2019 UP TO DATE.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, NARAYANA SWAMY J, MADE THE FOLLOWING:
O R D E R Transfer order has been challenged before the Karnataka State Administrative Tribunal in which notice was ordered. In the meanwhile, this petition is filed on the ground that the Tribunal should have considered the interim prayer since the petitioner is at the fag end of service. The learned counsel for the petitioner referred to the Circular dated 07th November 2018 issued by the Government whereunder it is communicated to all the Departments that employees who are at the verge of retirement within a period of two years shall not be disturbed by transfer from the present place of work.
2. The learned Additional Government Advocate submits that the Tribunal has not rejected the Interim prayer made and the petitioner could make an application before the Tribunal seeking interim order, and hence submits to dismiss the petition.
3. Heard the learned counsel for the parties. The petition is filed against the order passed by the Tribunal where only notice has been ordered. In the facts and circumstances of the case, we hold that the petition needs to be disposed of reserving liberty to the petitioner to make necessary application before the Tribunal for hearing the matter since she is retiring in another three months. If such application is filed, we request the Tribunal to consider and dispose of the same. The Tribunal is expected to hear and dispose of the matter at the earliest.
4. Subject to the said observation and reserving liberty to the petitioner to make an application before the Tribunal, this petition stands disposed of.
Sd/- JUDGE Sd/- JUDGE lnn