AI Structured Summary
Not yet generated for this judgment
Judgment
B. Sreenivas Gowda, J.—This writ petition is by the applicant in Application No. 246/2015 before the Karnataka Administrative Tribunal at Bangalore (hereinafter referred to as ''KAT'' for short) challenging the order dt. 22-04-2015, dismissing his application by declining to interfere with his transfer order.
We have heard the learned Counsel for the petitioner and the learned Additional Government Advocate for respondents 1 to 3.
For the sake of convenience, parties are referred to as they are referred to in the application before the Tribunal.
Learned Counsel for the applicant firstly submits, though the proposal issued by the first respondent vide Annexure - A. 2 dt. 26-11-2014 recommending to transfer the applicant from the Office of the DDPI, Kolar, to Government High School, Mudderi, against the post of the fourth respondent stood cancelled under a note given by the Hon''ble Minister for Primary and Secondary Education, the second respondent has committed an error in transferring him from the Office of the DDPI, Kolar, to Government High School, Mudderi, Kolar District, as per Annexure - A. 4 dt. 08-01-2015.
Secondly he submits, the applicant is working against the post of FDA which is classified as Group ''C'' post and as per Government guidelines issued for regulating the transfer of Government officials, he is entitled to stay at a particular place for a minimum period of 3 years. Otherwise, his contention is, the transfer of the applicant from the Office of the DDPI, Kolar, to Government High School, Mudderi, Kolar taluk, is a premature transfer and therefore, it is liable to be set aside.
Thirdly he submits, the case of pre-mature transfer is permissible if it is done in the interest of public or with the prior permission of the Hon''ble Chief Minister.
Finally he submits, the transfer order affects his family and education of his children. He submits, the Tribunal without considering any of the above grounds has committed an error in dismissing his application. Hence, he prays for allowing the writ petition and granting the relief as prayed for in the application.
Per contra, Smt. Niloufer Akbar, the learned Additional Government Advocate appearing for respondents 1 to 3, supporting the impugned order passed by the Tribunal, prays for dismissal of the writ petition.
It is not in dispute that the first respondent by Annexure - A. 2 dt. 26-11-2014 has accorded permission for transfer of officials of non-teaching staff including the applicant working in the Department of Public Instructions, from their present places to the places mentioned against their names in the order. In view of the note dt. 03-12-2014 issued by the Hon''ble Minister for Primary and Secondary Education, directing not to give effect to the transfer order - Annexure-A. 2 in respect of the applicant and another the second respondent has sought for a clarification as per Annexure - A. 3 from the first respondent, expressing his difficulty to give effect to the transfer order - Annexure - A. 2. In the meanwhile, the Hon''ble Minister for Primary and Secondary Education, himself by subsequent note dt. 26-12-2014 produced by respondents 1 and 2 along with their statement of objections at Annexure - R. 1, ordered for giving effect to the transfer of the applicant as per order Annexure - A. 2. Further, there is a note at the end of Annexure - A. 2 that it is approved by the Hon''ble Chief Minister. It is thereafter the second respondent by order Annexure - A. 4 dt. 08-01-2015 transferred the applicant from the Office of the DDPI, Kolar District, Kolar, to the Government High School, Mudderi of Kolar taluk, against the place of the fourth respondent.
Admittedly, the applicant was appointed as FDA on 01-06-1995 and reported for duty at the District Training Institute, Kolar, and worked there till 18-07-2000. On 19-07-2000, he was transferred to the Office of the DDPI, Kolar. In the month of May, 2011, though he was transferred from the Office of the DDPI, Kolar, to the Government High School, Gonamakanahalli of KGF taluk, he did not obey the transfer order and report for duty at the Government High School, Gonamakanahalli, KGF. On the other hand, he challenged the said transfer order in Application No. 3567/2011 before the Tribunal and eventhough the Tribunal did not grant stay for the said transfer order, he did not report for duty at the transferred place. The Tribunal disposed of his application on 08-06-2011, directing the Cadre Management Authority to consider his Review Application, pursuant to which the third respondent passed an order on 30-06-2011, modifying the transfer order of the applicant and transferred him to the Office of the District Training Institute, Kolar. Subsequently, by order dt. 08-02-2013, he was again transferred to the Office of the DDPI, Kolar District, Kolar, and he was working there. It is under the present transfer order, he was transferred from the Office of the DDPI, Kolar District, Kolar to the Government High School, Mudderi, situated within Kolar taluk and it has been approved by the Hon''ble Chief Minister as evident from the note made at the end of Annexure - A. 2 dt. 26-11-2014 and it is stated so in the reply statement of the respondents 1 and 2.
From the above facts, it is clear, since the date of appointment i.e. from 01-06-1995 till 18-07-2000, he had been working as FDA at District Training Institute, Kolar. From 19-07-2000 till 30-06-2011 he had been working as FDA in the Office of the DDPI, Kolar. From 30-06-2011 till 11-02-2013, he was working as FDA in the Office of District Training Institute, Kolar and again from 11-02-2013, till now he has been working in the Office of the DDPI, Kolar. So, from the date of appointment till day, he has been working in one or the other office situated at Kolar only and he has never gone out of Kolar since the date of his appointment. Further, under the present transfer order, he is transferred from the Office of the DDPI, Kolar to the Government High School, Mudderi in Kolar taluk. Thus, he is transferred from Kolar town to a village Mudderi situated within Kolar taluk. As per the latest Government order dt. 20-05-2014 relating to transfer of Government officials, minimum period of stay in respect of Group `C'' officials is two years. Even if that is taken into consideration, the applicant was transferred from the Office of the District Training Institute, Kolar, to the Office of the DDPI, Kolar, on 08-02-2013 and he worked there till now. By the time the present transfer was made on 08-01-2015, which is yet to be given effect to, he has completed two years at the previous place. It is not only the applicant who has been working in one or the other Office located at Kolar, since the date of his appointment, his wife has also been working in an Office situated at Kolar, as could be seen from the statement of objections of the respondents. Further under the transfer order - Annexure A. 2, the applicant is transferred from Kolar town to a village Mudderi situated within Kolar taluk only and there is no merit in the any of the contentions of the applicant.
The Tribunal considering the above material aspect of the matter was justified in dismissing the application of the petitioner and declining to interfere with the transfer orders - Annexure - A. 2 and A. 4.
We have carefully gone through the impugned order passed by the Tribunal and we do not see any infirmity, warranting our interference.
Accordingly, the writ petition is dismissed as devoid of merits.
No order as to costs.