IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2019 BEFORE THE HON' BLE MR.JUSTICE R. DEVDAS WRIT PETITION NO.6180/2017 (S-TR) C/W WRIT PETITION NO.52006/2017(S-TR) IN W.P.NO.6180/2017 BETWEEN SRI. RAMANNA S/O LATE DASAPPA AGED ABOUT 52 YEARS, PRESENTLY WORKING AS SENIOR HEALTH INSPECTOR WARD NO.94, GANDHI NAGAR BRUHAT BANGALORE MAHANAGARA PALIKE BANGALORE-560 002 (BY SRI V SRINIVAS, ADVOCATE) AND 1. BRUHATH BANGALORE MAHANAGARA PALIKE REPRESENTED BY ITS COMMISSIONER N.R.SQUARE, BANGALORE-560 002 2. DEPUTY COMMISSIONER (ADMINISTRATION) BRUHATH BANGALORE MAHANAGARA PALIKE N.R.SQUARE BANGALORE-560 002 ... PETITIONER 3. SRI THIMME GOWDA FATHERS NAME NOT KNOWN TO THE PETITIONER MAJOR, WORKING AS SENIOR HEALTH INSPECTOR WARD NO.80, C.V.RAMAN NAGAR BRUHATH BANGALORE MAHANAGARA PALIKE BANGALORE-560 093 ... RESPONDENTS (BY SRI NARENDRA GOWDA, ADVOCATE FOR R1 & R2 SMT SUVARNA M L, ADVOCATE FOR R3 ) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM THE R-1 & 2, QUASH THE IMPUGNED ORDER OF TRANSFER DTD.7.2.2017 PASSED BY THE R-2 VIDE ANNEX-A AND DIRECT THE R-1 & 2 TO CONTINUE THE PETITIONER AS SENIOR HEALTH INSPECTOR, WARD NO.94, GANDHI NAGAR, BRUHAT BANGALORE MAHANAGARA PALIKE, BANGALORE AND ETC.
IN W.P.NO.52006/2017 BETWEEN THIMME GOWDA S/O THIMMAIAH, AGED ABOUT 58 YEARS, WORKING AS SENIOR HEALTH INSPECTOR, WARD NO.94 (WEST ZONE) GANDHINAGAR, BRUHATH BENGALURU MAHANAGARA PALIKE, BENGALURU-560079 (BY SMT M L SUVARNA, ADVOCATE FOR SRI NAGA PRASANNA M ASSOCIATES, ADVOCATES) ... PETITIONER AND 1. BRUHATH BENGALURU MAHANAGARA PALIKE, REPRESENTED BY ITS COMMISSIONER, N.R.SQUARE, BENGALURU-560002 2. DEPUTY COMMISSIONER (ADMINISTRATION) BRUHATH BENGALURU MAHANAGARA PALIKE, N.R.SQUARE, BENGALURU-560002 3. RAMANNA S/O LATE DASAPPA, AGED ABOUT 52 YEARS, WORKING AS SENIOR HEALTH INSPECTOR, WARD NO.94, GANDHINAGAR, BRUHATH BENGALURU MAHANAGARA PALIKE, BENGALURU-560002 ... RESPONDENTS (BY SRI DR R RAMACHANDRAN, ADVOCATE FOR R1 & R2 SRI V SRINIVAS, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS LEADING TO THE ORDER DATED 10.11.2017, QUASH THE OFFICE ORDER DATED 10.11.2017 ISSUED BY R-2 AT ANNEX-D BY ISSUE OF A WRIT IN THE NATURE OF CERTIORARI, CONTINUE THE PETITIONER TILL HE COMPLETES 3 YEARS AT THE PRESENT PLACE OF POSTING AND GRANT ALL CONSEQUENTIAL BENEFITS FOLLOWING THERETO AND ETC.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER R. DEVDAS J., (ORAL):
The petitioner in W.P.No.52006/2017 challenged the order of transfer dated 10.11.2017, whereby he was transferred from the post of Medical Officer (Gandhinagar), Ward No.94, to the post of Health Officer (R.R.Nagar), Zonal Ward No.130, Ullal.
2. After the petition was instituted, by order dated 17.11.2017 this Court directed status-quo ante to be restored. The respondents were directed to ensure that the petitioner continues to serve at Gandhinagar, the place where he was working prior to 10.11.2017.
3. Consequent to the interim order passed by this Court, the contesting parties before the Court have continued to work in the places in which they were earlier working.
4. Today, learned Senior Counsel Sri M.Naga Prasanna, has produced copy of the Office Order dated 06.02.2019, whereby the respondent Sri Ramanna has been transferred as Health Officer (Gandhinagar), Ward No.109.
5. In the light of the Office Order dated 06.02.2019, it is submitted that the petition filed by the respondent-Sri Ramanna, in W.P.No.6180/2017 has been rendered infructuous. At the same time, W.P.No.52006/2017 has to be allowed in the light of the subsequent development.
6. Accordingly, W.P.No.6180/2017 is dismissed as having become infructuous, while W.P.No.52006/2017 is allowed. The impugned order dated 10.11.2017, at Annexure- D is hereby quashed and set aside.
SD/- JUDGE KLY/