IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2019 PRESENT THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA AND THE HON’BLE MR.JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.50565/2019(S-KSAT) BETWEEN SRI V S RAVINDRA, 52 YEARS S/O. SRI. V. SATHYANARAYANA R.R. SHERISTEDAR TALUK OFFICE BENGALURU SOUTH TALUK KANDAYA BHAVAN BENGALURU URBAN BENGALURU-560009.
RESIDING AT FLAT NO.001 ‘SAI BRINDAVAN APARTMENTS’ 123, 2ND CROSS, 21ST MAIN VINOBA COLONY MUNESHWARA BLOCK AVALAHALLI BENGALURU-560023 ...PETITIONER (BY SRI P A KULKARNI, ADVOCATE) AND 1. SRI N RAVEENDRA 57 YEARS, S/O SRI. M. NAGARAJU, WORKING AS MANAGER SHERISTEDAR, O/O ASSISTANT COMMISSIONER, KANDAYA BHAVAN, BENGALURU NORTH TALUK, BENGALURU-560 009.
RESIDING AT NO.61, 707, CHS, 4TH PHASE, YELAHANKA NEW TOWN, BENGALURU-560 004.
2. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S. BUILDINGS, BENGALURU-560001.
3. THE ASSISTANT COMMISSIONER BENGALURU NORTH SUB-DIVISION, KANDAYA BHAVAN, BENGALURU-560 009.
4. THE TAHSILDAR BENGALURU NORTH TALUK, KANDAYA BHAVAN, BENGALURU-560 000. …RESPONDENTS (BY SRI C.M.NAGABHUSHANA, ADVOCATE FOR C/R1, SMT.SHILPA S.GOGI, HCGP FOR R2 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 05.11.2019 IN A.NO.3901/2019, ANNEXURE-A PASSED BY KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, SATYANARAYANA J., MADE THE FOLLOWING:
ORDER The petitioner herein is impugning the order dated 05.11.2019 in Application No.3901/2019 on the file of the Karnataka State Administrative Tribunal (for short ‘KSAT’), Bengaluru.
2. The grievance of the petitioner is that in General Transfer - Official Memorandum bearing No.CumE 391.BMM dated 29.06.19 (Annexure-A3), the petitioner herein was posted to the place of 1st respondent and consequently the 1st respondent was posted to the place where petitioner was working and the same was given with immediate effect. However, the said order of transfer was the subject matter of challenge before the KSAT in Application No.3901/2019 filed by the 1st respondent herein. The said application came to be allowed on merits by order dated 05.11.2019 wherein the Tribunal passed the following order:
“i. The application is allowed and the impugned order bearing No. PÀAE.391.©.JA.JA 2018 dated 29.06.2019 at Annexure-A3 issued by the 1st respondent is quashed, in so far as it pertains to the applicant and the 4th respondent.
ii. The 4th respondent is directed to hand over the charge of the post of Manager/Sheristedar, Office of the Assistant Commissioner, Bengaluru North to the applicant with immediate effect, failing which, the applicant is permitted to assume the charge of the post.
iii. The 4th respondent is directed to report before the competent authority for further posting.”
3. The aforesaid order is sought to be challenged in this writ petition only on the ground that while setting aside the order of transfer, the posting of petitioner is not shown to the post which was held by him earlier or to any other place. Consequently, he is left without any posting. It is in this background, it is made clear that the contesting respondent No.2 shall issue necessary orders of posting to the petitioner either to the place where he was working earlier or to any other place within the limits of Bengaluru City, within one week from today.
With the aforesaid observation, the writ petition is allowed.
Sd/- JUDGE Sd/- JUDGE TL