Karnataka High Court
Sri Pranesh Kumar vs The State Of Karnataka on 8 August, 2024
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NC: 2024:KHC:31847-DB
WP No. 16722 of 2024
C/W WP No. 12800 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF AUGUST, 2024
PRESENT
THE HON'BLE MRS JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR JUSTICE G BASAVARAJA
WRIT PETITION NO. 16722 OF 2024 (S-KSAT)
C/W
WRIT PETITION NO. 12800 OF 2024 (S-KSAT)
IN WRIT PETITION NO. 16722 OF 2024:
BETWEEN:
SMT. BHARATHI A.
W/O PRASAD
AGED ABOUT 40 YEARS
WOKRING AS
PANCHAYAT DEVELOPMENT OFFICER
BANDI KODAGIHALLI
YELAHANKA TALUK, JALA HOBLI
BENGALURU URBAN DISTRICT
R/AT NO.73, 7TH MAIN,
SUBHASH NAGAR, K.S. TOWN
BENGALURU-560 060
Digitally signed
by ...PETITIONER
CHANNEGOWDA
PREMA
Location: High
Court of (BY SRI. VIJAYA RAGHAVA SARATHY H.M., ADVOCATE)
Karnataka
AND:
1. THE STATE OF KARNATAKA
REPRSENTED BY IT'S PRINCIPAL SECRETARY
DEPARTMENT OF RURAL DEVELOPMENT
AND PANCHAYATH RAJ
M S BUILDING, BENGALURU-560 001
2. THE DIRECTOR
COMMISSIONERATE OF PANCHAYTH RAJ
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NC: 2024:KHC:31847-DB
WP No. 16722 of 2024
C/W WP No. 12800 of 2024
RURAL DEVELOPMENT AND
PANCHAYATH RAJ DEPARMTENT
K.R. ROAD, GANDHI NAGAR
BENGALURU-560 009
3. THE CHIEF EXECUTIVE OFFICER
BENGALURU URBAN ZILLA PANCHAYATH
GANDHI NAGAR, BENGALURU-560 001
4. THE EXECUTIVE OFFICER
YELAHANKA TALUK OFFICE
BENGALURU URBAN DISTRICT
BENGALURU 560063
5. SRI. POONACHA
MAJOR
WORKING AS
PANCHAYAT DEVELOPMENT OFFICER
GANTAGANAHALLI PANCHAYAT
YELAHANKA TALUK
BENGALURU URBAN DISTRICT-560 088
...RESPONDENTS
(BY SRI. VIKAS ROJIPURA, AGA FOR R1 & R2;
SRI. B.O. ANIL KUMAR, ADVOCATE FOR C/R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN
APPROPRIATE WRIT ORDER OF DIRECTION IN THE NATURE OF
CERTIORARI QUASHING THE IMPUGNED ORDER PASSED IN
APPLICATION No.262/2024 DATED 23.04.2024 DISMISSING
THE APPLICATION (ANNEXURE-A) AND ALLOW THE
APPLICATION No.262/2024 FILED BY THE PETITIONER AS
PRAYED THEREIN IN THE INTEREST OF JUSTICE AND EQUITY
AND ETC.
IN WRIT PETITION NO. 12800 OF 2024:
BETWEEN:
SRI. PRANESH KUMAR
S/O SRI. SIDDAPPA
AGED ABOUT 38 YEARS
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NC: 2024:KHC:31847-DB
WP No. 16722 of 2024
C/W WP No. 12800 of 2024
ORIGINAL POST
PANCHAYATH DEVELOPMENT OFFICER
BANDIKODIGEHALLI GRAMA PANCHAYATH
YELAHANKA TALUK, BENGALURU URBAN DISTRICT
R/AT. NO.366, 7TH CROSS, 1ST STAGE
NAGARABHAVI, KALYANA NAGAR
BENGALURU NORTH, BENGALURU-560 072
...PETITIONER
(BY SRI. C.M. NAGABUSHANA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY
THE PRINCIPAL ADDITIONAL CHIEF SECRETARY
DEPARTMENT OF RURAL DEVELOPMENT
AND PANCHAYATH, M.S. BUILDING
BENGALURU-560 001
2. THE COMMISSIONER KARNATAKA COMMISSIONERATE
KARNATKA PANCHAYATH RAJ COMMISSIONERATE
O/O. KALIDASA ROAD, GANDHINAGARA
BENGALURU-560 009
3. THE DIRECTOR (ADMINISTRATION-1)
KARNATKA PANCHAYATH RAJ COMMISSIONERATE
O/O. KALIDASA ROAD, GANDHINAGARA
BENGALURU-560 009
4. THE CHIEF EXECUTIVE OFFICER
BENGALURU URABN ZILLA PANCHAYATH
O/O. S. KARIYAPPA ROAD
BANASHANKARI, BENGALURU- 560 070
5. SMT. BHARATHI
MAJOR
PANCHAYATH DEVELOPMENT OFFICER
BANDIKODIGEHALLI GRAMA PANCHAYATH
YELAHANKA TALUK
BENGALURU URBAN DISTRICT
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NC: 2024:KHC:31847-DB
WP No. 16722 of 2024
C/W WP No. 12800 of 2024
6. SRI. POONACHA
MAJOR
WORKING AS
PANCHAYATH DEVELOPMENT OFFICER
GANTAGANAHALLI PANCHAYATH
YELAHANKA TALUK
BENGALURU URBAN DISTRICT-560 088
...RESPONDENTS
(BY SRI. VIKAS ROJIPURA, AGA FOR R1 TO R3;
SRI. MAHESH R. UPPIN, ADVOCATE FOR R4;
SRI. VIJAYA RAGHAVA SARATHY H.M., ADVOCATE FOR R5;
SRI. B.O. ANIL KUMAR, ADVOCATE FOR R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO (a)CALL
FOR RECORDS. ALLOW THE APPLICATION NO.806/2024;
(b) QUASH/CALL FOR RECORDS PERTAINING TO THE
IMPUGNED NOTIFICATION No.KPRC/GPMPDO/338/2023,
DATED 10.01.2024 PASSED BY THE THIRD RESPONDENT
(ANNEXURE-A9) IN APPLICATION No.806/2024, AND SET-
ASIDE THE SAME IN SO FAR AS IT RELATED TO THE 6TH
RESPONDENT WHO IS AT SL.No.1, AND CONTINUE THE
APPLICANT IN HIS PRESENT PLACE AS PANCHAYATH
DEVELOPMENT OFFICER, BANDIKODIGEHALLI GRAMA
PANCHAYATH, YELAHANKA TALUK, BENGALURU URBAN
DISTRICT AND ETC.
THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
and
HON'BLE MR. JUSTICE G BASAVARAJA
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NC: 2024:KHC:31847-DB
WP No. 16722 of 2024
C/W WP No. 12800 of 2024
ORAL JUDGMENT
(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
We have heard the learned counsel appearing for the
petitioners herein.
2. It is submitted that the Tribunal has considered
the issue of transfers and postings of Panchayat
Development Officers in terms of the Cadre and
Recruitment Rules in force at the relevant time. It is
submitted that thereafter, the Recruitment Rules have
undergone an amendment making State the Unit for
Seniority and therefore, further posting of the petitioners
have to be considered by the Government on the basis of
the amended Rules.
3. Though several contentions are raised on the
merits of the matter, we are of the opinion that question
with regard to transfer and posting of the employees
concerned have to be taken up by the respondents in
accordance with the Rules in force.
NC: 2024:KHC:31847-DB
4. Learned Government Advocate submits that
counseling for transfers is ongoing in terms of the
amended Rules.
5. We notice that the petitioner in
W.P.No.16722/2024 is remaining without posting and
salary and that appropriate orders have to be passed
granting a posting to said petitioner at the earliest by
permitting him to participate in the counseling being held.
6. With regard to the petitioner in
W.P.No.12800/2024, request for posting shall be
appropriately considered in accordance with the amended
Rules.
Sd/-
(ANU SIVARAMAN)
JUDGE
Sd/-
(G BASAVARAJA)
JUDGE
MH/-
