Karnataka High Court
Smt R Gayatramma vs The State Of Karnataka on 20 December, 2013
Bench: Mohan.M.Shantanagoudar, K.N.Phaneendra
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 20TH DAY OF DECEMBER 2013
PRESENT
THE HON'BLE MR.JUSTICE MOHAN .M. SHANTANAGOUDAR
AND
THE HON'BLE MR.JUSTICE K.N. PHANEENDRA
WRIT PETITION No.46112/2013 (S-KAT)
BETWEEN:
1.SMT R GAYATRAMMA
W/O ANNAPPA,
AGED ABOUT 37 YEARS,
WORKING AS
ASSISTANT TEACHER,
NITUVALLI GHPS,
SOUTH ZONE,
DAVANAGERE TALUK,
TRANSFERRED TO GOVT.HIGHER
PRIMARY SCHOOL,
G BEVINAHALLY,
HARIHARA TALUK,
R/O C/O NO.428/48,
CHANDRAMMA,DEVARA HOLA,
DURGAMBIKA LAYOUT,
NITUVALLI ... PETITIONER
PIN 577 552
(BY SRI NAGARAJAPPA S.H., ADV.)
AND:
1.THE STATE OF KARNATAKA
REP BY ITS PRINCIPAL
SECRETARY,
EDUCATION DEPARTMENT,
VIDHANA SOUDHA,
BANGALORE-560 001
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2.THE COMMISSIONER
FOR PUBLIC INSTRUCTION,
NEW PUBLIC OFFICES,
NRUPATHUNGA ROAD,
BANGALORE-560 001
3.THE DIRECTOR OF PUBLIC
INSTRUCTION,
NRUPATHUNGA ROAD,
BANGALORE-560 001
4.THE DEPUTY DIRECTOR
OF PUBLIC INSTRUCTIONS,
DAVANAGERE,
DAVANAGERE DISTRICT 577 551
5.THE BLOCK EDUCATION OFFICER
DAVANAGERE SOUTH ZONE,
DAVANAGERE 577 551. ... RESPONDENTS
(BY SRI P B BAJENTRI, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA WITH A PRAYER TO
QUASH THE ORDER PASSED BY THE KARNATAKA
ADMINISTRAITVE TRIBUNAL, BANGALORE OF ITS ORDER
DATED 9.7.2013 PASSED IN APPLICATION NO.5551/2012 AT
ANN-R AND ORDER DATED 27.8.2013 IN MISC. APPLICATION
NO.20/2013 AT ANN-S AND FURTHER QUASHING THE ANN-G
IDENTIFYING THE PETITIONER AS EXCESS TEACHER IN
ORDER DATED 13.7.2012 ISSUED BY R5 AND ANN-Q
TRANSFERRING THE PETITIONER BY ORDER DATED 30.7.2012
AS ILLEGAL AND ARBITRARY ISSUED BY R4. DIRECT THE
RESPONDENTS TO RETRANSFER THE PETITIONER FROM
GHPS, G. BEVINAHALLY, HARIHARA TALUK, TO GHPS
NITUVALLI SOUTH ZONE, DAVANAGERE TALUK ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, MOHAN .M. SHANTANAGOUDAR, J., MADE
THE FOLLOWING: -
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ORDER
By the order dated 13.7.2012, petitioner who was working as Assistant Teacher in Government Higher Primary School, Nituvalli South Zone, Davanagere, was transferred to Government Higher Primary School at G. Bevinahally, Harihara Taluk. Challenging the said order of transfer the petitioner approached Karnataka Administrative Tribunal in Application No.5551/2012, which came to be dismissed on 9.7.2013 as per Annexure R. The petitioner filed Misc. Application No.20/2013 for recalling the said order passed in Application No.5551/2013. The said Miscellaneous Application also came to be dismissed, after hearing the matter on merits once again. Both the orders are assailed in this writ petition.
2. The petitioner is transferred from Nittuvalli Government Higher Primary School to another school by the State Government on the ground that she is excess teacher at Nituvalli Government Higher Primary School, Davanagere Taluk. She is transferred to another school -4- in Harihara Taluka, where the teachers were needed. The said finding of fact of the Government is confirmed by the Tribunal. Thus the said finding on facts cannot be interfered in this writ petition.
Moreover, the petitioner is working at Nituvalli Government Higher Primary School, Davanagere, for the last six years, prior to the order of transfer. She has got no right to continue in the very place till her retirement. Moreover, she is transferred to G. Bevinahally, Harihara Taluk, which is stated to be about 10 to 12 kms from Davanagere. Harihara and Davanagere are twin cities and come under one Corporation. Thus prima facie, we do not find any illegality in the order passed by the State Government transferring the petitioner.
3. Be that as it may, the Tribunal has shown leniency by observing that it is open for the petitioner to give representation before the appropriate authority and if such representation is made, the authority will consider the same. We further observe that, it is also open for the petitioner to show before the concerned -5- authorities that she is not an excess teacher at Nituvalli Government Higher Primary School, Davanagere Taluk.
4. With these observations, the petition stands dis missed.
Sd/-
JUDGE Sd/-
JUDGE NG*