IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2019 BEFORE THE HON' BLE MR.JUSTICE R. DEVDAS WRIT PETITION NO.42915 OF 2018(S-TR) BETWEEN SRI. MAHADEVA NAIKA. N. S. S/O. SUBBA NAIKA, AGED ABOUT 58 YEARS, AEE, VC SUB-DIVISION 5, BANNUR, T. NARASIPURA TALUK, PIN-571 101, MYSURU DISTRICT.
(BY SRI KESHAV R AGNIHOTRI, ADVOCATE) AND 1. THE STATE OF KARNATAKA REP. BY THE UNDER SECRETARY, THE DEPARTMENT OF WATER RESOURCES, VIKASA SOUDHA, BENGALURU-560 001.
2. THE CHIEF ENGINEER THE WATER RESOURCES, DEVELOPMENT ORGANIZATION (WRDO), ANAND RAO CIRCLE, BENGALURU-560 009.
... PETITIONER 3. THE MANAGING DIRECTOR THE CAUVERI NEERAVARI NIGAMA LTD., (CNNL), GOKULAM, MYSURU DISTRICT-570 002.
4. THE ASSISTANT EXECUTIVE ENGINEER V.C. SUB-DIVISION, NO.5, BANNUR DIVISION, C.N.N.L., T. NARASIPURA TALUK-571 101, MYSURU DISTRICT.
5. THE ASSISTANT EXECUTIVE ENGINEER (AEE) NO.13, HEMAVATHI SUB-DIVISION, C.N.N.L., BELLUR CROSS, NAGAMANGALA TALUK-571 418, MANDYA DISTRICT.
6. SRI. SHIVARAJU. S FATHERS NAME NOT KNOWN, AEE, NO.13, HEMAVATHI SUB-DIVISION, CNNL, BELLUR CORSS, NAGAMANGALA TALUK-571 418, MANDYA DISTRICT.
... RESPONDENTS (BY SRI SRIDHAR N HEGDE, HCGP FOR R1 & R2 SRI K S BHEEMAIAH, ADVOCATE FOR R3 TO R5 SRI K A CHANDRASHEKARA, ADVOCATE FOR R6) THIS WRIT PETITION FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED TRANSFER ORDER DATED 4.8.2018 VIDE ANNEX-H AND ALLOW THE ABOVE W.P. AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER R. DEVDAS J., (ORAL):
The petitioner who was working as Assistant Executive Engineer in the office of the Visweswaraiah Canal Sub- division No.5, Bannur, T.Narasipura Taluk, Mysuru district is before this Court being aggrieved by the order of transfer dated 04.08.2018 at Annexure-H. Learned counsel for the petitioner submits that by the impugned order dated 04.08.2018, the respondent No.6 herein was posted to the place of the petitioner, while no posting was given to the petitioner.
2. Learned Additional Government Advocate, has today filed a memo along with a notification dated 08.03.2019, whereby the petitioner has been posted as Assistant Executive Engineer at CRR Sub-division, Hattigulipura, Chamarajanagar Taluk, Chamarajanagar District. In that view of the matter, the learned Additional Government Advocate submits that this petition does not survive for consideration.
3. Learned counsel for the petitioner submits that inspite of the petitioner approaching the Water Resources Department, salary is not disbursed to the petitioner.
4. In the light of the above, the petition is disposed of as nothing further survives for consideration in this petition. However, the respondent/authorities are directed to release the arrears of salary to the petitioner forthwith.
SD/- JUDGE KLY/