Karnataka High Court
Sri S B Dananjaya vs The Principal Secretary on 21 December, 2021
Bench: S.Sujatha, S Vishwajith Shetty
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF DECEMBER, 2021
PRESENT
THE HON'BLE MRS. JUSTICE S.SUJATHA
AND
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
W.P.No.23226/2021 (S KSAT)
BETWEEN:
Sri S.B.Dananjaya
S/o Boregowda,
Aged about 49 years,
Working as Lecturer,
No.75, Sri Sowdha,
Shimsha Road, Gururaja Layout,
Shakthinagara Post,
Mysore-570029. ... PETITIONER
(By Sri Subramani.M.A., Adv.)
AND:
1. The Principal Secretary,
Department of Education (Higher Primary),
Government of Karnataka,
Vikas Soudha,
Bengaluru-560 001.
2. Sri M.Y.Saganur
S/o Sri Yamanappa Saganur,
Aged about 59 years,
Worked as Lecturer,
District Education and Training Centre,
Mysuru,
R/o.559, III Cross,
2
II Main Road, 'M' Block,
Kuvempu Nagar,
Mysore-570 023. ... RESPONDENTS
(By Sri B.Rajendra Prasad, HCGP)
This writ petition is filed under Articles 226 & 227 of the
Constitution of India, praying to issue a writ of certiorari or
any other appropriate writ order or direction to quash order
dated 01.12.2021 in application No.3913/2021 passed by the
Karnataka State Administrative Tribunal, Bengaluru
(Annexure-A), etc.
This petition coming on for Preliminary Hearing, this
day, Vishwajith Shetty J., made the following:
ORDER
1. This writ petition is filed challenging the order dated
01.12.2021 passed by the Karnataka State Administrative
Tribunal, Bengaluru (for short, 'the Tribunal') in Application
No.3913/2021.
2. Facts of the case necessary for disposal of this petition
as revealed from the records are, respondent no.2 herein was
serving at District Education and Training Centre at Mysuru
since 31.12.2013 and vide order dated 28.07.2021, he was
transferred to Mandya. The said order was questioned by him
before the Tribunal on the ground that the transfer order has
been passed at the fag end of his career and he is due to
retire on 31.05.2022 on attaining the age of superannuation.
3. The Tribunal, relying upon the judgment of this Court in
C.Vasudeva Vs state of Karnataka (W.P.No.24572/2015) and
also having observed that the transfer order was issued in
violation of the transfer guidelines dated 07.06.2013, has
allowed the application and quashed the order of transfer.
Being aggrieved by the same, the petitioner who was posted
to the place of respondent no.2 herein under the impugned
order of transfer, is before this Court.
4. Learned Counsel for the petitioner has contended that
the transfer guidelines do not apply to the case on hand and
they are governed by the Karnataka State Civil Services
(Regulation of Transfer of Teachers) Act, 2020. He submits
that the Tribunal, therefore, has erred in interfering with the
transfer order.
5. We have carefully considered the arguments addressed
on behalf of the petitioner and also perused the material
available on record.
6. It is not in dispute that respondent no.2 is due to retire
on 31.05.2022 on attaining the age of superannuation. The
transfer order has been passed without appreciating this
aspect of the matter and it is a general rule of law that no
transfer order should be passed at the fag end of the
employee's career except for exceptional reasons. No such
exceptional reasons are found in the case on hand, and
therefore, the Tribunal having rightly appreciated the said
aspect of the matter, following the judgment of this Court in
C.Vasudeva's case (supra), has quashed the impugned order
of transfer.
7. The academic year 2021-22 is under progress, and
therefore, in the interest of the institution in which the
petitioner and respondent no.2 are serving and also in their
own interest, their postings should not be disturbed. Further,
by the end of academic year i.e., 2021-22, respondent no.2 is
due to retire i.e., on 31.05.2022. Under the circumstances,
we find no good ground to interfere with the order passed by
the Tribunal. Accordingly, we decline to entertain the writ
petition and the same is dismissed.
Sd/-
JUDGE
Sd/-
JUDGE
KK
