Karnataka High Court
Arun S/O Balavant Patil vs The State Of Karnataka on 6 August, 2024
Author: Krishna S.Dixit
Bench: Krishna S.Dixit
-1-
NC: 2024:KHC-D:11066-DB
WP No. 104679 of 2024
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 6TH DAY OF AUGUST, 2024
PRESENT
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
WRIT PETITION NO. 104679 OF 2024 (S-KAT)
BETWEEN:
ARUN S/O. BALAVANT PATIL,
AGE 57 YEARS,
OCC. WORKING AS SUPERINTENDENT,
BLOCK EDUCATION OFFICE,
BELAGAVI RURAL,
BELAGAVI-591123,
RESIDENT OF 151,
JANATA COLONY ROAD,
KALLEHOL, BELAGAVI,
TALUK AND DIST. BELAGAVI.
Digitally signed
by JAGADISH T R
Location: High ...PETITIONER
Court of
Karnataka (BY SRI. MANJUNATH A. KARIGANNAVAR, ADVOCATE)
Dharwad Bench
AND:
1. THE STATE OF KARNATAKA,
BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF SCHOOL EDUCATION
AND LITERACY (GENERAL),
M. S. BUILDING,
AMBEDKAR VEEDHI,
BENGALURU-560001.
2. THE COMMISSIONER
-2-
NC: 2024:KHC-D:11066-DB
WP No. 104679 of 2024
DEPARTMENT OF PUBLIC INSTRUCTIONS,
RODDA ROAD-DHARWAD-580008.
3. THE BLOCK EDUCATION OFFICER,
DEPARTMENT OF PUBLIC INSTRUCTIONS,
BELAGAVI RURAL,
BELAGAVI-590061.
4. BASAVANNAVVA U. GUNDANI,
AGE. 50 YEARS,
OCC. WORKING AS SUPERINTENDENT,
BLOCK EDUCATION OFFICE,
HIREKERUR,
HAVERI DIST-581111.
...RESPONDENTS
(BY SRI. G. K. HIREGOUDAR, GOVT. ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE AN
APPROPRIATE WRIT, ORDER OR DIRECTION IN THE NATURE OF
CERTIORARI QUASHING THE IMPUGNED ORDER DATED 30.07.2024
IN APPLICATION NO. 10904/2024 PASSED BY THE HON'BLE
KARNATAKA STATE ADMINISTRATIVE TRIBUNAL BELAGAVI, BENCH
AT BELAGAVI ANNEXURE-D AND CONSEQUENTLY ALLOW THE
APPLICATION FILED BEFORE HON'BLE KARNATAKA STATE
ADMINISTRATIVE TRIBUNAL IN A.NO.10904/2024 AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A.PATIL
-3-
NC: 2024:KHC-D:11066-DB
WP No. 104679 of 2024
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT)
The challenge is to the State Administrative Tribunal's
order dated 30.07.2024, wherein the transfer was impugned.
The Tribunal did not favour the claim of petitioner; that's why
he is before this Court.
2. Learned counsel appearing for the petitioner
vehemently argues that under the extant Guidelines of
Transfer, which have statutory force in view of Full Bench
decision of this Court in Chandru H.N. Vs. State of
Karnataka1, his client could not have been transferred, when
he is in the verge of retirement.
3. Learned Government Advocate on accepting the
notice for Official respondents points out that the petitioner had
suffered an order at the hands of a Co-ordinate Bench of this
Court in WP No.105507/2023, decided on 11.10.2023, wherein
last paragraph of the operative portion of the judgment reads
as under:
2011 (3) KLJ 562
NC: 2024:KHC-D:11066-DB
"iv) Immediately, upon the petitioner completing his
four years term at Belagavi with effect from
18.05.2024, respondent Nos.1 o 3 shall transfer and
post the respondent No.4 to the place/post of
petitioner at Belagavi."
He adds that the officials had no option but to effect
transfer.
4. Having heard the learned counsel for the parties
and having perused the petition papers, we decline indulgence
in the matter, inasmuch as the transfer that was put in
challenge before the Tribunal was pursuant to the observations
of a Co-ordinate Bench as pointed above. The terminology of
the said paragraph, more particularly, the word "shall" being
employed, there was no option with the answering respondents
not to transfer. In other words, the respondents had no
discretion to disobey the Co-ordinate Bench's decision. That
reasoning, having animated the order of the Tribunal, there is
no scope for our interference.
In view of the above, the petition being unworthy of merit
and accordingly, is dismissed. However, it is open to the
petitioner to seek appropriate relief at the hands of subject Co-
NC: 2024:KHC-D:11066-DB
ordinate Bench, which has made the said observations. In that
connection, all contentions are kept open, and no opinion is
expressed thereon. Costs made easy.
Sd/-
(KRISHNA S.DIXIT)
JUDGE
Sd/-
(VIJAYKUMAR A.PATIL)
JUDGE
JTR/ct-an
