Karnataka High Court
R Shivashankar vs State Of Karnataka on 17 August, 2011
Author: Anand Byrareddy
Bench: Anand Byrareddy
1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 177 DAY OF AUGUST, 20) -- . BEPORE THE HON' BLE MR.JUSTICE ANAND BYRAREDDY WRIT PETITION NO.32733 OF 20101S-TR) Po BETWEEN R. Shivashankar, : S/o. late M. Ramakrishnappa, Aged about 44 years, First Division Assistant, _ Town Municipal Council, Gourtbidanur, >>. ee Chikkaballapur. District. oo ee, PETITIONER. (Shri. K.B. Muralic? ar, Advoc ate Fer M/s. KB. R. Bhaw ar 'Shankar & Co. , Advocates] AND: 1, State-of Karnataka' By its Secret, ary to Government, ~ Urban. B Development Department, _ Vikasa Soudha, 'Bangalore-560 O01. 2. The Director, . Directorate of Municipal Administration, ss - 9 Floor, Vishveshwaraiah 'Towers, a Bangalore- 566 OO]. .. RESPONDENTS.2
(Shri Raghavendra G. Gayathri, High Court Government Pleader for Responderiis | and 3, oy Shri Shyam Koundinya A.S., Advocate for Respondent No-3} official memorandum dated 1.10.46016- issueq bythe 2rd. respondent vide Annexure-"F", in so far as the petitioner js° concerned, holding the same as itegal, bad cin law cand - arbitrary one, and ete.
This Petition, coming on. foi Preliminary hearing in 'B' Group, this day, the Court made the following:
ORDER. | Heard the learned counsel. for the petitioner and the learned Gcverristient, Pleader. 2, The petitiorier is-a Municipal em ployee working as a Firat Division Assistant in the Town Municipal ~ Council, Gouribidanur. Chikkaballapur District. He claitas toJhe.a heart patient and is said to have undergone medical treatment at Bangalore and he also claims that his mother is in turn a heart patient and she has also undergone treatment and he further claims és ERGs en, 3 that his daughter and son were st udying in SSLC and ( --_ Vil Standard as on the date of the petition. The petitioner claims that the Government of Kavita talk has issued transfer guidelines as per. the Gove rnment order - dated 22.11.2001, which ought to. be followed by alt the :
Departments while effecting the ° iranisfer Sof "their respective employees. SF ransfer . Of 7 Governm ent employees shall be made | by 'the Cautre: Management Authority only. during the 'montts 'of April and May according to the 'Said guidelines and it is only under extraordinary ciroumstanges, after recording reasons in writing, 'vith the "piior approval of the Chief Minister through the concerned administrative department of the "Karnataka Government secretariat, that an order of 'transfer, could. be passed. The second respondent however, without conducting any meeting of the Cadre
-- Management Authority or without com plying with the "guidelines as stated above, has transferred the _ petitioner to the Town Municipal Council, Bagepalli i,
4.
during the non-transfer period and in the middie of the school academic year.
3. This Court in the first instance, had granted an interim order of stay of the impugned order of tra ister. and that has been continued to be in ree. Even according to the petitioner, there 'would 3 be no impediment to transfer. the petitioner if April or May of 2012. If the petitioner ic pot distutbed un such time, ends of justice wolild be met.
Accordingly. fhe petition stands disposed of while directing the resporidents not to disturb the petitioner til the months of April and May 2012 when general] viransfers are due.
Sd/-
JUDGE Foon yg oe AoE