Karnataka High Court
Shivamurthappa And Ors vs The State Of Karnataka And Ors on 16 July, 2024
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WP No. 201738 of 2024
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 16TH DAY OF JULY, 2024
PRESENT
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
AND
THE HON'BLE MR. JUSTICE RAJESH RAI K
WRIT PETITION NO. 201738 OF 2024 (S-KSAT)
BETWEEN:
1. SRI. SHIVAMURTHAPPA
S/O SRI. DYAVAGAPPA,
AGED ABOUT 44 YEARS,
OCC: EDUCATION CO-ORDINATOR,
B.E.O. OFFICE, KALABURAGI SOUTH,
KALABURAGI,
R/O #73, KARUNESHWAR NAGAR,
KALABURAGI - 585 102.
2. SRI. BASAVARAJA N. GUNJAL
Digitally signed by S/O NINGAPPA GUNJAL,
BASALINGAPPA
SHIVARAJ AGED ABOUT 46 YEARS,
DHUTTARGAON OCC: EDUCATION CO-ORDINATOR,
Location: HIGH
COURT OF B.E.O. OFFICE,
KARNATAKA
KALABURAGI SOUTH,
KALABURAGI,
R/O #9-587/104/23,
BEHIND HANUMAN TEMPLE,
J.R. NAGAR, KALABURAGI 585 101.
3. SRI. ARJUN TUKARAM HATTI
S/O TUKARAM HATTI,
AGED ABOUT 45 YEARS,
OCC: EDUCATION CO-ORDINATOR,
B.E.O. OFFICE, KALABURAGI NORTH,
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WP No. 201738 of 2024
KALABURAGI,
R/O H.NO. 167, VIDYA NAGAR,
(NEAR HANUMAN TEMPLE),
KALABURAGI- 585 101.
4. SRI. ESHWAR
S/O VITHAL KYADE,
AGED ABOUT 46 YEARS,
OCC: EDUCATION CO-ORDINATOR,
B.E.O. OFFICE, AURAD (B),
BIDAR DISTRICT,
R/O H.NO. 19-4-289/1,
SWAMY VIVEKANANDA COLONY,
NAUBAD, BIDAR -585 402.
5. SRI. SACHIDANAND
S/O RATANLAL,
AGED ABOUT 46 YEARS,
OCC: EDUCATION CO-ORDINATOR,
B.E.O BIDAR DISTRICT,
R/O POST: BAWAGI, TQ. BIDAR.
BIDAR - 585226.
...PETITIONERS
(BY SRI. SIDDARUDHA B. PUJARI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
SCHOOL EDUCATION AND
LITERACY DEPARTMENT,
M.S. BUILDING,
BENGALURU- 560 001.
2. THE COMMISSIONER
SCHOOL EDUCATION DEPARTMENT,
NRUPATUNGA ROAD,
BENGALORE- 560 002.
3. THE ADDITIONAL COMMISSIONER
SCHOOL EDUCATION DEPARTMENT,
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WP No. 201738 of 2024
KALABURAGI DIVISION,
AIWAN-E-SHAHI AREA,
KALABURAGI.
4. THE DIRECTOR
(SECONDARY EDUCATION) OF DEPARTMENT
OF SCHOOL EDUCATION,
O/O THE COMMISSIONER OF
SCHOOL EDUCATION DEPARTMENT,
NRUPATUNGA ROAD,
BENGALORE - 560 002.
5. THE DEPUTY DIRECTOR OF
SCHOOL EDUCATION DEPARTMENT,
KALABURAGI DISTRICT,
KALABURAGI- 585 102.
6. THE DEPUTY DIRECTOR OF
SCHOOL EDUCATION DEPARTMENT,
KALABURAGI DISTRICT.
...RESPONDENTS
(BY SRI. MALLIKARJUNA C. BASAREDDY, GA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE
WRIT, ORDER OF DIRECTION, QUASHING THE IMPUGNED
INTERIM ORDER DATED 25.06.2024 IN APPLICATION
NO.20629 TO 20633/2024 ON THE FILES OF THE HON'BLE
KARNATAKA STATE ADMINISTRATIVE TRIBUNAL AT
KALABURAGI VIDE ANNEXURE-A AND TO ALLOW THE
APPLICATION NO.20629 TO 20633/2024 FILED BY THE
PETITIONERS/APPLICANTS.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY RAJESH RAI K J., MADE THE
FOLLOWING:
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WP No. 201738 of 2024
ORDER
This writ petition is filed challenging the legality and validity of the order passed by the Karnataka State Administrative Tribunal at Kalaburagi (for short 'the Tribunal') on I.A.No.1 filed by the petitioners for grant of interim prayer in Application Nos.20629-20633/2024 dated 25.06.2024 before the Tribunal filed under Section 19 of Administrative Tribunal Act, 1985, wherein the Tribunal declined to grant the interim prayer of the petitioners.
2. The brief facts that arise for consideration as borne out from the pleadings are as follows:
The petitioners were appointed as High School Assistant Teachers Grade-II on different dates in the Education Department. They being eligible for written examination for specified posts, appeared in the written examination and appointed as Education Co-ordinator (for short 'ECO'). Subsequently, they transferred and posted to the specified posts as ECO's/Block Resource Person (BRP) -5- NC: 2024:KHC-K:4966-DB WP No. 201738 of 2024 in the year 2018. Presently, they completed their tenures of specified posts and ready for transfer back to Schools as per writing. Such being the scenario, the Government of Karnataka passed the Karnataka State Civil Service (Regulation of Transfer of Teachers) Act, 2020 and specified that the transfer of Teachers shall be conducted through the computerized counseling in such a manner as prescribed by the respondents. In pursuance of the said act and rules, the transfers of all the Teachers are existing. Things stood thus, the second respondent has issued a Notification on 15.03.2024 by issuing the guidelines by conducting computerized counseling for the year 2023-24 of the Primary School Teacher and Head Masters. The Government High School Teacher/Equivalent Cadre Teachers and Government High School Head Masters/ Equivalent Cadre Officers and the zonal transfer of the teacher would be conducted for the present academic year. The time Table of zonal transfer of Teachers has published. On 16.04.2024, the second respondent has issued the amended Official Memorandum -6- NC: 2024:KHC-K:4966-DB WP No. 201738 of 2024 by revising the time table for pre-transfer process of the zonal transfer and specified posts. Based on the said guidelines, the fifth respondent has published the revised list of teacher with 10+ years in 'A' zone and eligible for zonal transfer under Section 5 of K.S.C.S (Regulation of Transfer of Teachers) Act, 2024 on official website. Based on the said guidelines the respondents have published the list of Teachers who have completed 5 years in specified posts i.e., ECO/BRP/CRP in Kalaburagi Division for transfer back to Schools on official website. Hence, aggrieved by the said Notification dated 15.06.2024, the petitioners challenged the same before the Tribunal by filing A.Nos.20629-20633/2024. In the said application, I.A.No.1 filed for stay the operation of the impugned Notification dated 15.06.2024. The KSAT after perusal of the facts and circumstances of the case, rejected the interim prayer of the petitioners and issued notice to the respondents vide order dated 25.06.2024. The said order is challenged in this writ petition.-7-
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3. We have heard the learned counsel Sri Siddarudha B Pujari for petitioners so also learned AGA Sri Mallikarjuna C Basareddy for respondents.
4. It is the primary contention of the learned counsel for the petitioners that the impugned Notification dated 15.06.2024 passed by the second respondent totally misconceived and violation of Sections 4, 5 and 6 of the Karnataka State Civil Service (Regulation of Transfer of Teachers) Act, 2020 as it does not give option to the Teachers working the specified posts and other category of Teachers to choose/select places of posting in the counseling due to deemed vacancies does not arise from the zonal transfer of Teachers. Hence, according to the learned counsel the Tribunal erred by not granting the interim order.
5. Per contra, the learned AGA would submit that the main application filed by the petitioners challenging the impugned Notification is pending before the Tribunal for consideration and granting of interim order by staying -8- NC: 2024:KHC-K:4966-DB WP No. 201738 of 2024 the Notification amounts to allowing the main application itself, as such the Tribunal rightly rejected the interim prayer of the petitioners. Accordingly, he prays to dismiss the writ petition.
6. As could be seen from records, the application filed by the petitioners challenging the impugned Notification dated 15.06.2024 is pending before the Tribunal for consideration. As rightly contended by the learned AGA, the granting of the interim relief is nothing but allowing the main petition. In such circumstance, the Tribunal rightly rejected the interim prayer of the petitioners and issued notice to the respondents for final adjudication of the lis. In such circumstance, we are of the considered view that, there is no error committed by the Tribunal and there are no good grounds to interfere in the impugned order. However, due to the peculiar facts and circumstances of the case, without expressing any opinion on the merits of the case, we deem it appropriate to request the Tribunal to dispose of the application filed by -9- NC: 2024:KHC-K:4966-DB WP No. 201738 of 2024 the petitioners as expeditiously as possible within a period of three weeks' from the next date of hearing i.e., on 23.07.2024. The writ petition is disposed of accordingly.
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