Kabula Hussain vs The Chief Engineer Panchayat Raj Engineering Department and Others

Mohan M. Shantana Goudar, J.—By the impugned order, the Karnataka Administrative Tribunal has allowed Application No. 7790/2011 and consequently the Official Memorandum, dated 3.12.2011, by which transfers were effected, is quashed.

The impugned order is passed on 5.7.2012. In the impugned order it is clarified by the Tribunal that the said order does not come in the way of the Chief Engineer or the Government to consider the applicant''s prayer for transfer from Gulbarga, if he has not completed his term in Gulbarga.

In our considered opinion, no prejudice or injustice will be caused to the petitioner herein by the impugned order. More over, the transfers are effected to Jewargi from Gulbarga, which is hardly about 40 kms. away from Gulbarga. Petitioner as well as private respondents are working in Gulbarga since 2005. Any employee cannot hold on to a post continuously in a particular place for such a long period. Transfer is the incidence of service.

In view of the same, no interference is called for. Hence, writ petition fails and accordingly, the same stands dismissed.