Karnataka High Court
Dr. Prajna Ammembala vs The State Of Karnataka on 25 October, 2023
Author: K.Somashekar
Bench: K.Somashekar
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NC: 2023:KHC:37877-DB
WP No. 17670 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF OCTOBER, 2023
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
WRIT PETITION NO. 17670 OF 2023 (S-KSAT)
BETWEEN:
DR. PRAJNA AMMEMBALA,
D/O. PRO. A.V.NAVADA,
AGED ABOUT 46 YEARS,
KAS (SENIOR SCALE),
RESIDING AT NO.7,
1ST 'A' MAIN ROAD, 2ND CROSS,
SHIVANAGARA, RAJAJINAGAR,
BANGALORE - 560 010.
...PETITIONER
(BY SRI. PRITHVEESH M.K, ADVOCATE)
Digitally signed
by VINUTHA M AND:
Location: HIGH
COURT OF 1. THE STATE OF KARNATAKA,
KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE
REFORMS, VIDHANA SOUDHA,
BANGALORE - 560 001.
2. THE STATE OF KARNATAKA,
REPRESENTED BY ITS PRINCIPAL SECRETARY (ACS),
DEPARTMENT OF FOOD CIVIL SUPPLIES AND
CONSUMER AFFAIRS, NO.8,
CUNNINGHAM ROAD,
BANGALORE - 560 052.
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NC: 2023:KHC:37877-DB
WP No. 17670 of 2023
3. SRI. PATHARAJU .V,
S/O VEERAMARAIAH,
AGED ABOUT 49 YEARS,
WORKING AS ADDITIONAL DIRECTOR - 1(IRA),
DEPARTMENT OF FOOD CIVIL SUPPLIES AND
CONSUMER AFFAIRS, NO.8,
CUNNINGHAM ROAD,
BANGALORE - 560 052.
...RESPONDENTS
(BY SRI. V.SHIVAREDDY, AGA FOR R1 & R2;
SRI. H.M.UMESH, ADVOCATE FOR C/R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a)
CALL FOR RECORDS PERTAINING TO THE IMPUGNED ORDER
DATED 02/08/2023 PASSED IN APPLICATION No. 2947/2023
BY THE HONBLE KARNATAKA STATE ADMINISTRATIVE
TRIBUNAL (ANNEXURE-A) AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, RAJESH RAI.K, J., MADE THE
FOLLOWING:
ORDER
This writ petition is filed by the petitioner assailing the order passed in Application No.2947/2023 dated 02.08.2023 by the Karnataka State Administrative Tribunal at Bangalore (for short 'KSAT'.
2. The facts that are germane to the case on hand are:
The petitioner herein was initially appointed to the post of Tahsildar under KAS (Junior Scale) by way of direct recruitment -3- NC: 2023:KHC:37877-DB WP No. 17670 of 2023 in the year 2006. Subsequently, he was promoted as KAS (Senior Scale) in January, 2021. Pursuant to which, by an order dated 02.02.2022, the petitioner was posted as Deputy Secretary, Department of Social Welfare. In furtherance, the petitioner was again transferred by a Notification dated 06.07.2023 to the place of one Sri Patharaju i.e., respondent No.3 herein. Aggrieved by the transfer Notification dated 06.07.2023, respondent No.3 herein approached the KSAT in Application No.2947/2023 on it being premature and without posting. The KSAT, by an order dated 02.08.2023, allowed the application filed by respondent No.3 by setting aside the Transfer Notification bearing No.SiAaSuEi 181 AaSeEi 2023 dated 06.07.2023 at Annexure-A3 to the Application and directed respondent Nos.1 and 2 to continue respondent No.3 in the place where he was working. Aggrieved by which, the petitioner is before this Court.
3. We have heard Sri Prithvessh.M.K., learned counsel for the petitioner, Sri V.Shivareddy, learned AGA appearing for respondent Nos.1 and 2 and Sri H.M.Umesh, learned counsel for the caveator respondent No.3. -4-
NC: 2023:KHC:37877-DB WP No. 17670 of 2023
4. Learned counsel for the petitioner conceded not to press the grounds urged in the petition, but would fairly submit that the Transfer Notification dated 06.11.2023 be made effective from 09.11.2023.
5. In support of his contention, he relied on the order passed by the Co-ordinate Bench of this Court in W.P.No.11937/2022 dated 28.06.2022, wherein it referred the order passed in W.P.No.45916/2018 dated 13.11.2018 in the case of M.Rajashekar vs. State of Karnataka and held in paragraph 9 as under:
"9. This court in similar circumstances has consistently taken a view that the officer who has been prematurely disturbed or displaced, would be entitled to continue till the completion of his stipulated period. In that view of the matter, the petitioner shall be permitted to complete the remaining period of the tenure, excluding the period lost on account of transfer order. Accordingly, the impugned transfer order shall be read down and shall be made effective from 06th August, 2022.
The second respondent shall forthwith handover the charge to the petitioner.
Petition stands ordered accordingly." -5-
NC: 2023:KHC:37877-DB WP No. 17670 of 2023 Learned counsel also placed reliance on the order passed in W.P.No.5247/2022 dated 17.03.2022, wherein the Co-ordinate Bench of this Court in paragraph 9 held as under:
"9. In that view of the matter, the order of the Tribunal dated 28.02.2022 passed in Application No.547/2022 quashing the transfer order dated 02.02.2022 in so far as with regard to the petitioner and the Respondent No.2 herein is set aside making it clear that the order of transfer dated 02.02.2022 as it relates to the petitioner and the Respondent No.2 herein shall be read to become effective from 30.06.2020. Accordingly, the Writ Petition is disposed of."
In view of the above, he prays for a similar relief to modify the Transfer Notification to an extent that the same be made effective from 09.11.2023.
6. Learned AGA has not seriously disputed the above aspect.
7. In view of the same, we proceed to the pass the following:
ORDER
i) The writ petition is allowed in part.-6-
NC: 2023:KHC:37877-DB WP No. 17670 of 2023
ii) The order dated 02.08.2023 passed by the KSAT in Application No.2947/2023 is set aside.
iii) The Transfer Notification dated 06.07.2023 at Annexure-A3 to the Application is modified insofar as the petitioner and respondent No.3 are concerned and the same is made operative from 09.11.2023.
No order as to costs.
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JUDGE Sd/-
JUDGE VM List No.: 1 Sl No.: 37