Karnataka High Court
Sri. Ramappa Naragatti S/O Basappa vs The State Of Karnataka on 21 September, 2022
Author: S.G. Pandit
Bench: S.G. Pandit
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IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 21ST DAY OF SEPTEMBER, 2022
PRESENT
THE HON'BLE MR. JUSTICE S.G. PANDIT
AND
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
W.P. No. 102168/2022 (S-KAT)
BETWEEN:
SRI. RAMAPPA NARAGATTI,
S/O BASAPPA,
AGED ABOUT 36 YEARS,
W/AS TALUKA MINORITY EXTENSION OFFICER
AT BAILHONGAL SUB DIVISION,
DEPARTMENT OF MINORITY
WELFARE, BAILHONGAL TALUK,
BELAGAVI DISTRICT-591 102,
R/AT DEPARTMENT OF MINORITY
WELFARE STATEFF QUARTERS,
RAMATHIRTHA NAGAR,
BELAGAVI-590 016.
- PETITIONER
(BY SRI UPADHYA ARAVIND AND
SUNIL KUMAR BANGARI, ADVOCATES)
AND
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF MINORITY WELFRE,
HAJ AND WAKF, VIKASA SOUDA,
BANGALORE-560 001.
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2. THE DIRECTOR,
OFFICE OF THE DIRECTORATE
OF MINORITY, 21ST FLOOR,
VISHVESHWARAYA TOWER,
DR. B.R. AMBEDKAR ROAD,
BANGALORE-560 001.
3. THE DISTRICT COMMISSIONER,
DEPARTMENT OF MINORITY WELFARE,
BELAGAVI DISTRICT,
RAMATHIRTHA NAGAR,
BELAGAVI-590 016.
4. SRI. MALLIKARJUN M. KENCHANNAVAR,
S/O NOT KNOWN TO PETITIONER,
AGE IN MAJOR, W/AS WARDEN,
MORARJI DESAI RESIDENTIAL SCHOOL,
MUDALAGI, TQ-MUDALAGI,
BELAGAVI DISTRICT-591 312.
- RESPONDENTS
(BY SRI G.K. HIREGOUDAR,
GOVERNMENT ADVOCATE FOR R1 TO R3,
SRI MADANGOUDA N. PATIL,
ADVOCATE FOR C/R4)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA CHALLENGING THE ORDER
PASSED BY THE KARNATAKA STATE ADMINISTRATIVE
TRIBUNAL AT BELAGAVI IN APPLICATION NO. 10512/2022 VIDE
ANNEXURE-A & ETC.
THIS WRIT PETITION HAVING BEEN HEARD AND
RESERVED FOR 'PRONOUNCEMENT OF ORDER' ON 03.09.2022
COMING ON FOR 'PRONOUNCEMENT OF ORDER' THIS DAY,
S.G.PANDIT, J PASSED THE FOLLOWING:
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ORDER
The petitioner, applicant before the Karnataka State Administrative Tribunal, Belagavi (for short 'the Tribunal'), is before this Court questioning the correctness and legality of the order dated 10.06.2022 in Application No. 10512/2022 whereby the Tribunal dismissed application of the petitioner wherein the petitioner had challenged the O.M. dated 16.03.2022 (Annexure-A5) posting respondent No.4 in his place without showing any posting to the petitioner.
2. We have heard learned counsel Sri Upadhye Aravind and Sri Sunil Kumar Bangari, for the petitioner, Sri G.K. Hiregoudar, learned Government Advocate for respondents No.1 to 3 and Sri Madangouda N. Patil, for caveator/ respondent No.4. Perused the writ petition papers.
3. Brief facts of the case are that, the petitioner is working in the cadre of Office Superintendent, whereas respondent No.4 is working in the cadre of Warden in the Minority Welfare Department. The pay scale of the post of Office Superintendent is Rs.40900 - 78200 as 4 on this day. Whereas pay scale of Warden is Rs.27650 - 57650. The post of Taluka Minority Welfare Extension Officer which is created under Government Order dated 25.11.2016 is to be filled up by deputation as could be seen in the said Government Order itself which is placed on record along with affidavit dated 20.08.2022 of the Deputy Secretary to Government, Department of Minority Welfare. The pay scale of Taluka Minority Extension Officer is Rs.21600 - 40050 as indicated in the above said Government Order dated 25.11.2016 and the said pay scale is revised under Government Order dated 19.04.2018 in the revision of pay scales to Rs.40900-78200. Consequently, Government Order dated 08.04.2019 is issued in exercise of powers conferred by sub-Section (1) of Section 3 read with Section 8 of the Karnataka State Civil Services Act, 1978 to amend Rule 5 of the Karnataka Civil Services (Classification, Control and Appeal) Rules. The said amendment would disclose that Group-B consists of posts carrying the scale of pay of Rs.40900 - 78200 and above, but below the scale of pay of Rs.52650 - 97100. Group 'C' consists of posts carrying pay scale of Rs.21400 - 42000 and above but below the scale of pay of 5 Rs.40900 - 78200. The petitioner was promoted as Office Superintendent and posted to work at District Office, Minority Welfare Department, Haveri District under corrigendum notification dated 04.01.2022. The post of Office Superintendent carries the pay scale of Rs.40900-78200. While he was working as such, he was deputed under O.M. dated 09.02.2022 to work as Taluka Minority Extension Officer, Bailhongal Sub Division, Belgaum District. In pursuance to his deputation as Taluka Minority Extension Officer, he reported to duty on 15.02.2022 which is clear from O.M. dated 15.02.2022 (Annexure-A3). Within a month thereafter under O.M. Dated 16.03.2022 (Annexure-A5) the respondent No.4 who is working as Hostel Warden, is posted in place of the petitioner without providing any posting to the petitioner.
4. Questioning the said O.M. dated 16.03.2022, the petitioner was before the Tribunal in the above said Application No. 10512/2022. The Tribunal after hearing the parties to the application, under impugned order rejected the petitioner's application on the ground that the posting of respondent No.4 is on his own pay scale, that too, to a vacant post, and is in the interest of 6 public as well as administrative exigencies. Further, it observed that the Taluka Minority Extension Officer is a Group 'C' post and the petitioner who is a Group 'B' officer, shall not be posted as Taluka Minority Extension Officer. Questioning the same, the petitioner is before this Court.
5. Learned counsel for the petitioner would contend that the Tribunal misdirected itself to come to a conclusion that the Taluka Minority Extension Officer is a Group 'C' post and it is only meant exclusively for Group 'C' employees like First Division Assistants, etc., without noticing the fact that the Taluka Minority Extension Officer post carries the pay scale of Rs.21600-40050 which is revised to Rs.40900-78200 in the revision of pay scales under Government Order dated 19.04.2018 which is a Group 'B' post. Whereas the post of Warden is a Group 'C' post carrying the pay scale of Rs.27650 - 52650. When the post of Taluka Minority Extension Officer is to be filled up only by deputation, such a deputation could be by deputing an officer who is holding an equivalent post and it cannot be filled up by deputing a person who is holding a lower post. Since the respondent No.4 who is a Warden 7 in Group 'C' post could not have been posted to hold the Group 'B' post of Taluka Minority Extension Officer. Further, the learned counsel would submit that the conclusion reached by the Tribunal that the posting of respondent No.4 is to a vacant post and is in public interest as well as administrative exigencies, is wholly erroneous. He submits that the petitioner was deputed under O.M. dated 09.02.2022 and was working in the said post on the date of posting respondent No.4 without providing any posting to the petitioner. Therefore, he submits that it is not in the public interest at all and not in the administrative exigencies. If there was public interest, the Government would have provided posting to the petitioner or else the Government would not have disturbed the petitioner within a month of his deputation. Thus, he prays for allowing the writ petition and to set aside the impugned order of the Tribunal as well as impugned order of posting the respondent No.4 in his place under Annexure-A5, Government Order dated 16.03.2022.
6. Per contra, Sri G.K. Hiregoudar, learned Government Advocate submits that since the order of posting dated 16.03.2022 8 wherein respondent No.4 is posted in place of the petitioner is approved by the Chief Minister and when the order itself says it is in the public interest and administrative exigencies, it would not call for interference. Further he submits that under the Government Order dated 25.11.2016, the post of Taluka Minority Extension Officer is created with the pay scale of Rs.21600-40050, providing method of filling of post by deputation. It is his submission that the Government could post even a Group 'C' official to hold the post of Taluka Minority Extension Officer on his own pay scale on deputation. Since the respondent No.4 is posted on his own pay scale on deputation to work as a Taluka Minority Extension Officer, no fault could be found with the action of the Government.
7. Learned counsel for the respondent No.4 referring to the statement of objection filed by the respondent No.4 would submit that the petitioner has no right to hold the post of Taluka Minority Extension Officer since he is posted temporarily on deputation to the said post. He would submit that transfer is an incidence of service and it is not a condition of service. Hence, the petitioner cannot have any grievance. Learned counsel would justify the finding of the 9 Tribunal wherein it is held that the Transfer of petitioner and Posting of respondent No.4 is in the interest of public service as well as administrative exigencies. He would submit that the post of Warden, First Division Assistant and other officials of the Department are posted to work as Taluka Minority Extension Officer. Hence he submits that there is no merit in the contention of the petitioner that the post is only to be filled up by Group 'B' Officers and not by Group 'C' employees. Thus, he prays for dismissal of the writ petition.
8. Having heard learned counsel for the parties, the only point which falls for consideration is as to whether the petitioner, Taluka Minority Extension Officer (Group-B) could be displaced by respondent No.4-Warden, Group 'C' Official?
9. The answer to the above point is in the negative for the following reasons.
10. Admittedly, the petitioner is working in the cadre of Office Superintendent in the pay scale of Rs.40900-78200 whereas respondent No.4 is working in the cadre of Warden in the Department of Minority Welfare, Haj & Wakf in the pay scale of 10 Rs.27650-57650. The post of Taluka Minority Extension Officer is created and method of recruitment is prescribed under Government Order dated 25.11.2016 and the same reads as follows:
1. F PɼÀPÀAqÀ ºÉZÀÄѪÀj ºÀÄzÉÝUÀ¼À£ÀÄß ¸ÀÈf¹ PɼÀPÀAqÀAvÉ ¨sÀwð ªÀiÁqÀ®Ä DyðPÀ E¯ÁSÉAiÀÄÄ ¸ÀºÀªÀÄw¹zÉ:
PÀæ. ¥zÀÀ£ÁªÀÄ ºÀÄzÉÝUÀ¼À ªÉÃvÀ£À ±ÉæÃt £ÉêÀÄPÁw «zsÁ£À ¸ÀA ¸ÀASÉå 01 vÁ®ÆèPÀÄ C®à¸ÀASÁåvÀgÀ 71 21600-40050 ¤AiÉÆÃd£É «¸ÀÛgÀuÁ¢üPÁj 52 of these are in sub-division head quarters ad 19 in Talukas with more number of Minority Institution details placed at Annexure-1.
From the reading of the above it is clear that the post of Taluka Minority Extension Officer is to be filled up by deputation. The pay scale of the post under Government Order dated 25.11.2016 is Rs.21600-40050 which is revised to Rs.40900-78200/- under revision of scales of pay by Government Order No. FD 06 SRP 2018 dated 19.04.2018. The petitioner is holding the post of Office Superintendent in the pay scale of Rs.40900-78200/- which is equivalent to the post of Taluka Minority Extension Officer. The post of Taluka Minority Extension Officer could be filled up by deputation as prescribed, by posting a person holding equivalent post either 11 from the Minority Welfare Department or from other Department. A person holding lower post or lower scale of pay is not eligible or a person who is holding lower post would not become eligible for deputation as Taluka Minority Extension Officer. As respondent No.4 is a holder of post of Warden which is Group 'C' post with the pay scale of Rs.27650-52650 could not have been posted in place of the petitioner to work as Taluka Minority Extension Officer. The post of Taluka Minority Extension Officer which carries the pay scale of Rs.40900-78200, Group 'B' post could be filled up by deputation by a person holding equivalent pay scale and not by a person who is holding a lower post or lower pay scale. The finding of the Tribunal that the post of Taluka Minority Extension Officer is a Group 'C' post and is exclusively meant for Group 'C' employees like First Division Assistants, etc., is wholly erroneous and without application of mind. The Tribunal without noticing Annexure-A6, the Government Order dated 25.11.2016 wherein the post of Taluka Minority Extension Officer is created, proceeded to give a finding that Taluka Minority Extension Officer is exclusively meant for Group 'C' employees. 12
11. The finding of the Tribunal at paragraph no.8 of the order that the Government exercised its power and transferred respondent No.4 as Taluka Extension Officer on his own pay scale that too, to a vacant post in the interest of public as well as administrative exigencies is also erroneous. The post of Taluka Minority Extension Officer at Bailhongal was not vacant and it was held by petitioner in pursuance to OM dated 09.02.2022 of the respondent No.2. The further finding of the Tribunal that the petitioner's posting to Bailhongal is a temporary arrangement, is also contrary to the order of posting / deputation at Annexure-A2 dated 09.02.2022. OM dated 09.02.2022 would not suggest posting of the petitioner to Bailhongal is a temporary arrangement. Since we have come to the conclusion that respondent No.4, Group 'C' official could not have been posted to Group 'B' post of Taluka Minority Extension Officer, the question as to whether the transfer guidelines dated 07.06.2022 is applicable or not, would not arise.
12. The contention of the learned Government Advocate that posting of respondent No.4 is approved by the Chief Minister and Government could post even a Group 'C' officials to hold the post of 13 Taluka Minority Extension Officer, cannot be accepted for the reason that the Government itself has prescribed method of filling up of post of Taluka Minority Extension Officer under Government Order dated 25.11.2016 by deputation.
13. For the reasons recorded above, the writ petition deserves to be allowed. Hence, we pass the following order:
ORDER
a) Writ Petition is allowed;
b) Order dated 10.06.2022 in Application No. 10512/2022 passed by the Tribunal is set aside;
c) The impugned OM bearing No.MWD 08 MDS 2022 dated 16.03.2022 at Annexure-A5 posting the respondent No.4 in place of the petitioner as Taluka Minority Extension Officer, Bailhongal, is quashed.
SD JUDGE SD JUDGE bvv