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Judgment
R. Nataraj, J
The petitioner has challenged an order bearing No.JES/1805/24-25 dated 17.03.2025 passed by respondent No.1 transferring her as an Accounts Assistant.
The petitioner contends that respondent No.1 is a Society registered under the provisions of Karnataka Societies Registration Act, 1960. Respondent Nos.2 and 3 was granted aid by the State Government. The petitioner joined services of the respondent No.2 as a Warden on 08.02.2014. After completion of her probationary period, the respondent No.1 declared her as a permanent employee on 19.09.2016. When things stood thus, the respondent No.1 informed her to continue as Warden till the end of December, 2024. Thereafter, the petitioner submitted a representation dated 23.09.2024 to continue her even after December, 2024. The respondent No.1 without considering the request of the petitioner, transferred her in terms of the impugned order. The petitioner is therefore, before this Court challenging the order of transfer.
Learned counsel for the petitioner contends that as per the transfer policy in force in the respondent No.1, the petitioner cannot be transferred and assigned some other work that the petitioner is not proficient in. The petitioner therefore contends that the impugned transfer order is incorrect and falls foul of the transfer guidelines of the respondent No.1.
A perusal of the impugned transfer order shows that it is passed by the respondent No.1, which is a society registered under the provisions of the Karnataka Societies Registration Act, 1960. It is not known how the respondent No.1 can be treated as a State for the purpose of exercising jurisdiction under Article 226 of the Constitution of India.
Therefore, this writ petition is dismissed as not maintainable. However, liberty is reserved to the petitioner to approach the competent officer under Section 131 of the Karnataka Education Act, 1983.
Office is directed to return the certified copy of the impugned order to the learned counsel for the petitioner after retaining a photocopy.
It is needless to mention that the time consumed in pursuing this writ petition shall be deducted while calculating limitation applicable to a Revision Petition that may be filed before the appropriate authority.