Karnataka High Court
Dr Shreepad Desai vs State Of Karnataka on 27 May, 2022
Bench: G.Narendar, P.N.Desai
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF MAY, 2022
PRESENT
THE HON'BLE MR. JUSTICE G. NARENDAR
AND
THE HON'BLE MR. JUSTICE P.N.DESAI
WRIT PETITION NO.9112 OF 2022(S-KSAT)
BETWEEN:
DR. SHREEPAD DESAI,
S/O. J.K DESAI,
AGE: ABOUT 45 YEARS,
ASSISTANT PROFESSOR IN
CIVIL ENGINEERNG DEPARTMENT,
GOVERNMENT ENGINEERING COLLEGE,
DEVAGIRI, HAVERI -581 110.
R/AT 3RD CROSS, RAJENDRA NAGAR,
HAVERI 581 110. ... PETITIONER
(BY SRI. CHANDRASHEKAR., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS
ADDITIONAL CHEIF SECRETARY,
HIGHER EDUCATION,
M.S BUILDING,
2ND GATE, 6TH FLOOR,
DR. AMBEDKAR VEEDHI,
BENGALURU -560 001.
2. STATE OF KARNATAKA
REPRESENTED BY ITS COMMISSIONER
DEPARTMENT OF TECHNICAL EDUCATION,
TANTRIKA SHIKSHANA BHAVANA,
PALACE ROAD,
BENGALURU - 560 001.
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3. THE DIRECTOR
DEPARTMENT OF TECHNICAL EDUCATION,
TANTRIKA SHIKSHANA BHAVANA,
PALACE ROAD,
BENGALURU 560 001.
4. THE PRINCIPAL,
GOVERNMENT ENGINEERING COLLEGE,
DEVAGIRI,
HAVERI - 581 110. ... RESPONDENTS
(BY SMT: SHILPA S. GOGI, HCGP)
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO (i). SET ASIDE THE IMPUGNED
ORDER DATED 12.08.2021 PASSED BY THE HON'BLE KARNATAKA STATE
ADMINISTRATIVE TRIBUNAL IN APPLICATION NO. 2436/2021 (ANNEXURE
- K) AND CONSEQUENTLY ALLOW THE APPLICATION NO. 2436/2021 AS
PRAYED, IN SO FAR AS THE PETITIONER HEREIN AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY, P.N DESAI. J, PASSED THE FOLLOWING:
ORDER
Learned HCGP Smt. Shilpa S. Gogi, is directed to take notice for respondents.
This writ petition is filed under Article 226 and 227 of the Constitution of India praying to set-aside the order passed by Karnataka State Administrative Tribunal (for short hereinafter referred as 'tribunal') dated 12.08.2021 in Application No.2436/2021 and to quash Annexure-J notification dated 29.01.2021 issued by the 1st respondent 3 and also for issue of writ of mandamus to consider and incorporate objections submitted by the petitioner in the Transfer Regulation Notification dated 29.01.2021 vide Annexure-F.
2. Petitioner is working as an Assistant Professor in Government Engineering College, Haveri. The 1st respondent - Government of Karnataka issued a notification No.ED 137 DTE 2020 dated 17.11.2020 notifying the draft rules as The Karnataka State Civil Services (Regulation of Transfer of Teaching Staff of Department of Technical Education) Rules, 2021, inviting objections and suggestions. Accordingly, the petitioner submitted his objections vide his representation dated 23.11.2020. It is further contended that without considering his objection to the draft rules, a final notification was issued. It is contended by him that there is Government Order issued by the Government as per GO No. ¹D¸ÀÄ E 51 ¸Éø˪ÀÀ 2017 dated 31.05.2019 wherein the office bearers of Karnataka State Government Employees Association shall not be transferred for a term of five years. The petitioner contends 4 that he is the Vice President for Haveri District Unit of Karnataka State Government Employees Association®. So he falls under exceptional category of the said transfer regulations as per GO No.¹D¸ÀÄ E 51 ¸Éø˪ÀÀ 2017 dated 31.05.2019 and hence, he cannot be transferred till he completes his term. However, the State Government has ignored his objections. The tribunal rejected his application. Aggrieved by such rejection, this writ petition is filed.
3. We have heard Sri. Chandrashekar, learned counsel for the petitioner and learned Government Advocate. Perused the petition copy, annexures and also order passed by the tribunal.
4. Admittedly, as per Annexure-G, this petitioner is appointed as Vice President of Karnataka State Government Employees Association, District Unit, Haveri for the period from years 2019 to 2024. He is not the office bearer of Karnataka State Government Employees Association which is State level body. He is only the Vice- President of Haveri 5 District Unit of Karnataka State Government Employees Association.
5. We have perused the impugned notification at Annexure-J dated 29.01.2021 issued by Government of Karnataka viz., Karnataka Civil Services (Regulation of transfer of Teaching Staff of Department of Technical Education) Rules, 2021. It was published in Gazette. Objections and suggestions were considered. A detailed statutory rules for teaching staff was also mentioned. Rule 4(4) deals with Exceptions to transfers. As per Rule (4)(b)
(v), a teaching staff who is central office bearer of the Karnataka Government College Teachers Association and has completed minimum length of service shall not be transferred till the completion of the term of the concerned office bearer. A provision is made in respect of teaching staff who is a central office bearer of the Government College Teachers Association. The said statutory rule is made to set out guidelines and exception to transfers and regulations of transfer in detail.
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6. We have also perused the objections of the petitioner at Annexure-E dated 23.11.2020.
7. It is also settled principle of law that the transfer is a prerogative of authorities concerned and court should not interfere unless the transfer is vitiated by malafides or in violation of any statutory provisions. The transfer is not a condition of service, but is merely an incidence of service. When the Government servant is holding a transferable post, he has no vested right to remain posted at one place or other as held by Hon'ble Supreme Court in the case of Mrs.Shilpi Bose and others Vs. State of Bihar and others reported in AIR 1991 SC 532.
8. In Gujarat Electricity Board v. Atmaram - 1989 (2) SCC 602, the Supreme Court held that no employee can claim that he can continue in one place as long as he desires. Transfer of an employee is not only incidental inherent in terms of appointment, but it is also implicit as an essential condition of service.
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9. The petitioner is admittedly not a member of any Central Employees Association and he is a member of District Unit, Haveri, and such an office bearer is not included in the exceptions provided under the rules and hence his objection, is meaningless and the transfer is neither arbitrary or illegal or does it violate any of his right. The petitioner has no vested or statutory right or legal right which has been violated. Statutory Rules are framed after making consultation, consideration of all the objections by the State Government which cannot be said as arbitrary and illegal. Transfer is a Government policy and Government has to take decision about any exception. This Court cannot give any such direction to incorporate such provisions as contended by the petitioner.
10. The tribunal after carefully referring to the petition averments and the objections, considering to the post to which the petitioner belongs and statutory rules, after referring to the decision of the Hon'ble Supreme Court, it is held that the applicant has not made out any grounds. When 8 there is no violation of any legal right, this Court cannot invoke writ jurisdiction. At the cost of repetition, the transfer is purely within the domain of the executive and any claim for exemption depends upon the nature of the service the Government Employee is performing and there is no vested right of any employee to claim any exemption.
11. Therefore, viewed from any angle, the impugned order passed by the tribunal does not suffer from any error or illegality. Absolutely, no grounds are made to interfere with the said finding of the tribunal. Accordingly, writ petition being devoid of merit is liable to be dismissed.
Hence, we pass the following:-
ORDER Writ petition is dismissed. Learned HCGP to file memo of appearance within four weeks.
Sd/-
JUDGE Sd/-
JUDGE *mn/-