Karnataka High Court
Sri. H. Balakrishna vs The State Of Karnataka on 25 July, 2024
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NC: 2024:KHC:29304-DB
WP No. 1895 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JULY, 2024
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO.1895 OF 2024 (S-KSAT)
BETWEEN:
SRI. H.BALAKRISHNA
S/O LATE DODDAHANUMANTAIAH,
AGED ABOUT 58 YEARS,
NOW WORKING A TAHASILDAR,
WAITING FOR POSTING,
DEPARTMENT OF REVENUE,
M S BUILDING, BENGALURU - 560 001.
...PETITIONER
(BY SRI. SATISH K, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
Digitally signed by REPRESENTED BY ITS PRINCIPAL SECRETARY,
CHANNEGOWDA
PREMA DEPARTMENT OF REVENUE,
Location: High M S BUILDING, BENGALURU - 560 001.
Court of
Karnataka
2. SRI SHIVARAJU
S/O LATE BASAVEGOWDA,
AGED ABOUT 59 YEARS,
WORKING AS TAHASILDAR GRADE-I,
ADALITHA SOUDHA (TALUK OFFICE)
DEVANAHALLI TALUK, DEVANAHALLI,
BENGALURU RURAL DISTRICT - 562 110.
...RESPONDENTS
(BY SRI. VIKAS ROJIPURA, AGA FOR R1;
SRI. PRITHVEESH M K, ADVOCATE FOR C/R2)
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NC: 2024:KHC:29304-DB
WP No. 1895 of 2024
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE
IMPUGNED ORDER DATED 08.01.2024 PASSED BY THE
HON'BLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL,
BENGALURU IN APPLICATION NO.3375/2023 (ANNEXURE-A)
AND CONSEQUENTLY DISMISS THE SAID APPLICATION
NO.3375/2023 PREFERRED BY THE RESPONDENT NO.2
(ANNEXURE-B), IN THE INTEREST OF JUSTICE AND EQUITY
AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
and
HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
ORAL JUDGMENT
(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)
Heard the learned counsel appearing for the petitioner,
learned Government Advocate appearing for the official
respondents and as well as learned counsel appearing for the
private respondents.
2. It is submitted by the learned counsel for the
petitioner that the petitioner while working as Tahasildar, Grade
II was transferred and posted to the Devanahalli Taluk, in the
place of the private respondent, who was the applicant before
the Tribunal.
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3. The transfer was challenged by the second
respondent before the Tribunal on the ground that it was
premature and that the he had only a short time to retire from
service. After considering the contentions advanced, the order
of transfer was set aside by the Tribunal on the ground that it
was made in violation of the transfer guidelines and without
considering the fact that the applicant is retiring by the end of
July, 2024.
4. Learned counsel for the petitioner submits that
since the second respondent is retiring on 31.07.2024, the post
of Tahasildar, Grade II at Devanahalli Taluk, would fall vacant
and that the transfer order may be given effect to with effect
from 01.08.2024.
5. Having considered the contentions advanced and in
view of the submission made by the learned counsel for the
petitioner that there is no requirement for any counseling for
transfer in respect of post held by the petitioner, we are of the
opinion that the said request is liable to be considered in
accordance with law. In view of the fact that the second
respondent retires from service on 31.07.2024, the order of
transfer which was challenged before the Tribunal and had
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been set aside at the instance of the second respondent on the
ground that it was passed without considering the fact that the
applicant is retiring on 31.07.2024, we are of the opinion that
the order of transfer can be given effect to with effect from
01.08.2024. However, this will not stand in the way of the
competent among the respondents passing further orders in
accordance with law. Accordingly, writ petition is disposed of.
6. The petitioner shall be permitted to assume charge
of the vacant post with effect from 01.08.2024.
Sd/-
(ANU SIVARAMAN)
JUDGE
Sd/-
(ANANT RAMANATH HEGDE)
JUDGE
RAK
