IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2019 PRESENT THE HON’BLE MR. L. NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR WRIT PETITION NO.8237/2015 (S-KAT) C/W WRIT PETITION NO.55519/2014 (S-KAT) W.P.No.8237/2015 BETWEEN:
1.THE STATE OF KARNATAKA REP BY ITS SECRETARY LABOUR DEPARTMENT (FACTORIES & BOILERS) VIKASA SOUDHA BENGALURU-560 001 2.THE DIRECTOR DEPARTMENT OF FACTORIES, BOILERS, INDUSTRIAL SAFETY AND HEALTH KARMIKA BHAVAN BENGALURU-560 029 ... PETITIONERS (BY SRI I THARANATH POOJARY, AGA) AND 1.SRI CHIKKAMUNIYAPPA S/O HANUMANTHAIAH AGED ABOUT 50 YEARS ASSISTANT DIRECTOR OF BOILERS MSK MILL ROAD, VASANTHANAGAR KALABURGI, R/AT D.NO.1-867/20A VENKATESHWARANAGARA OPPOSITE DESHMUKH APARTMENT KALABURGI-2 2.SRI K V PALAIAH, MAJOR SENIOR ASSISTANT DIRECTOR OF BOILERS VENKATESHWARA COMPLEX, KOTTARA MANGALURU-575 001 ... RESPONDENTS (BY SRI SATHISH M. DODDAMANI, ADVOCATE FOR R-2; R-1 SERVED BUT UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER AT ANNEXURE-A DATED 26.11.2014 PASSED BY THE KARNATAKA ADMINISTRATIVE TRIBUNAL IN APPLICATION NO.6900/2014.
W.P.NO.55519/2014 BETWEEN SRI K V PALAIHA, MAJOR AGED ABOUT 62 YEARS SENIOR ASSISTANT DIRECTOR OF BOILERS GULBARGA-02 ... PETITIONER (BY SRI SATHISH M DODDAMANI, ADVOCATE) AND 1.THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO GOVERNMENT LABOUR DEPARTMENT (FACTORIES AND BOILERS) VIKASA SOUDHA, BANGALORE-560 001 2.THE DIRECTOR DEPARTMENT OF FACTORIES, BOILERS, INDUSTRIAL SAFETY AND HEALTH KAMIKARA BHAVAN BANGALORE-560 029 3.SRI CHIKKAMUNIYAPPA S/O HANUMANTHAPPA AGED ABOUT 50 YEARS ASSISTANT DIRECTOR OF BOILERS MSK MILL ROAD, VASANTHNAGAR GULBARGA, R/OF D.NO.1-867/20 A VENKATESHWARNAGARA OPPOSITE DESHMUKH APARTMENT GULBARGA-2 ... RESPONDENTS (BY SRI I THARANATH POOJARY, AGA FOR R-1 & 2; SRI GIRISH S. JAMBAGI, ADVOCATE FOR C/R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 26.11.2014 PASSED IN APPLICATION NO.6900/2014 ON THE FILE OF THE KAT AT BANGALORE VIDE ANNEXURE-D.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, P.S.DINESH KUMAR J., MADE THE FOLLOWING:
ORDER Heard.
2. State has preferred W.P.No.8237/2015 and respondent No.2 in W.P.No.8237/2015 namely, Shri K.V.Palaiah has preferred W.P.No.55519/2014 challenging the decision of the Karnataka Administrative Tribunal, Bengaluru, (for short ‘KAT’) dated 26.11.2014 in Application No.6900/2014.
3. Parties shall be referred to as per their status in the writ petition filed by the State.
4. Brief facts of the case are, by an order dated 28.08.2014, the post of Senior Assistant Director of Boilers was shifted from Mangaluru to Kalaburagi and the incumbent officer Shri K.V.Palaiah was also accordingly transferred to Kalaburagi. Consequently, respondent No.1 Shri Chikkamuniyappa was transferred from Kalaburagi to Mangaluru. Respondent No.1 Shri Chikkamuniyappa challenged the said order before the KAT on the premise that shifting of the post of Senior Assistant Director of Boilers from Mangaluru to Kalaburagi was for political reasons.
5. The KAT, by the impugned order, set aside the order dated 28.08.2014 and directed Shri K.V.Palaiah respondent No.2 herein to handover charge to Shri Chikkamuniyappa and to go back to Mangaluru.
6. Shri I.Tharanath Poojary, learned Additional Government Advocate for the State submits that shifting of the post was for administrative reasons and in public interest. He also submits that in the interregnum, Shri Chikkamuniyappa has been promoted as Senior Assistant Director of Boilers on 12.12.2014.
7. Shri Sathish M. Doddamani, learned advocate for respondent No.2 (Shri K.V.Palaiah), supporting the State’s contention, submits that respondent No.2 has complied with the order passed by the Government and moved to Kalaburagi.
8. Though respondent No.1 is served, there is no representation on his behalf.
9. We have carefully considered the submissions of learned Additional Government Advocate for the State and Shri Sathish M. Doddamani, learned advocate for respondent No.2 and perused the records.
10. In our considered view, it is for the Government to decide the place at which a particular Government post has to function. Such acts are completely within the domain of the Executive. In the circumstances, the Government having taken a conscious decision to shift the post of Senior Assistant Director of Boilers from Mangaluru to Kalaburagi,
11. Resultantly, these writ petitions merit consideration and they are accordingly allowed. The impugned order dated 26.11.2014 passed by the KAT is set aside.
No costs.
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ACTING CHIEF JUSTICE Sd/- JUDGE bkv