Dr. Jairaja R vs The State Of Karnataka
2021 Latest Caselaw 7175 Kant

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  IN THE HIGH COURT OF KARNATAKA, BENGALURU

   DATED THIS THE 23RD DAY OF DECEMBER, 2021

                         BEFORE

       THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

       WRIT PETITION NO.17377 OF 2021(GM-RES)
BETWEEN:

DR. JAIRAJA R,
S/O LATE G K RANGAPPA,
AGED ABOUT 41 YEARS,
ASSISTANT PROFESSOR,
MECHANICAL ENGINEERING DEPARTMENT,
GOVERNMENT ENGINEERING COLLEGE,
HUVINA HADAGALI - 583 219.
R/AT NO.166, GROUND FLOOR,
14TH CROSS, BYRASANDRA MAIN ROAD,
G M PALYA, BENGALURU - 560 075.
                                             ...PETITIONER
(BY SRI. RANGANATH R, ADVOCATE)

AND:

THE STATE OF KARNATAKA,
REPRESENTED BY THE
ADDL. CHIEF SECRETARY, VGST,
NO.702, 7TH FLOOR, 4TH GATE,
M S BUILDING,
DR. AMBEKDAR VEEDHI,
BENGALURU - 560 001.
                                         ... RESPONDENT
(BY SRI. SRIDHAR HEGDE, HCGP)

       THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
RESTRAIN THE RESPONDENT FROM RELEASING THE FUNDS
BY CONSIDERING THE REPRESENTATION SUBMITTED TO
THE AUTHORITY.

       THIS   PETITION   COMING   ON   FOR   PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
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                             ORDER

The essential grievance of the petitioner involves

substantial elements of service law and they also pertain to

the his service conditions, arguably. Learned counsel for

the State on request having accepted notice, opposes the

writ petition placing reliance on the Apex Court decision in

L. CHANDRAKUMAR Vs. UOI, (1997) 3 SCC 261 contends

that the civil servant ordinarily has to explore his remedy

before the Service Tribunal, and only thereafter he can

invoke the writ jurisdiction; he also submits that no

extraordinary circumstances are made out to approach

the Writ Court immediately when his challenge to the

Transfer Order having been considered, judgment matter is

no reserved for at the hands of Karnataka State

Administrative Tribunal. There is force in this submission.

In the above circumstances, this writ petition is

disposed off without granting indulgence. It is open to

the petitioner to seek appropriate relief at the hands of

Karnataka Administrative Tribunal, in accordance with

law. All contentions are kept open.

Costs made easy.

Sd/-

JUDGE Bsv