IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2019 BEFORE THE HON'BLE MR.JUSTICE R DEVDAS WRIT PETITION NO.9959/2019(S-TR) BETWEEN SRI SANNAIAH S/O LATE BETTAIAH AGED ABOUT 58 YEARS, JUNIOR ENGINEER MARATHAHALLI, O & M UNIT S-17, SUB DIVISION, CHOWDESHWARI TEMPLE ROAD BESCOM BANGALORE-37 (BY SRI SOMASEKHARA K H, ADVOCATE) AND 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY ENERGY VIDHANA SOUDHA BANGALORE-01 2. THE SUPERINTENDENT ENGINEER (ELE) C, O AND M, SOUTH CIRCLE BESCOM NO.14/3, 3RD FLOOR, ARVIND BHAVAN, NIRUPATHUNGA ROAD BANGALORE-560 001 ... PETITIONER 3. SRI MOHAN D S/O NOT KNOWN AGED ABOUT 36 YEARS, PROMOTED AS JUNIOR ENGINEER O & M UNIT, HAL BASAVANAGAR, S-17, SUB DIVISION BENGALURU-17 (BY SMT M S PRATHIMA, AGA FOR R1 ... RESPONDENTS SRI S G PRASHANTH MURTHY, ADVOCATE FOR SRI SRIRANGA, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD:20.2.2019 ISSUED BY THE R-2, TRANSFERRING THE PETITIONER FROM PRESENT PLACE OF WORKING i.e. MARATHAHALLI, O & M UNIT-I, S-17, SUB DIVISION, BESCOM, BENGALURU TO O & M SUB DIVISION, S-2, SUB DIVISION, BESCOM WITHIN 1 YEAR II MONTHS FROM THE PRESENT PLACE OF WORKING, VIDE ANNEXURE-A.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER R.DEVDAS J., (ORAL):
The petitioner is working as Junior Engineer, with the respondent-BESCOM at Marathahalli, O & M Unit-1, S-17, Sub-Division, BESCOM, Bengaluru. He was earlier working as Junior Engineer, Kylancha Section, Ramanagar Rural Sub- Division, BESCOM.
2. The petitioner has been transferred from Ramanagar to the present place of working on 10.03.2017. The petitioner has once again been transferred to O & M, Unit-1, S-2 Sub- Division, BESCOM by virtue of the impugned order dated 20.02.2019.
3. The grievance of the petitioner is that he has been transferred in the middle of the academic year and well before the minimum tenure provided under the Government guidelines dated 07.06.2013.
4. This Court in a batch of writ petitions in W.P.No.40442/2018 and connected matters disposed of on 26.03.2019 considered the very same question and the contentions of the respondent-BESCOM and opined that the impugned transfer orders have been passed in violation of the transfer guidelines dated 07.06.2013 and as a consequence, the transfer orders were set aside.
5. In the light of the decision of this Court in W.P.No.40442/2018, this petition is also allowed and the impugned transfer order dated 20.02.2019 at Annexure ‘A’ is quashed and set aside.
Petition is accordingly allowed.
JT/-
SD/- JUDGE