Smt. V.T. Wilson vs State of Karnataka

H.N. Nagamohan Das

Petitioner was working as Chief Officer at Town Panchayath, T. Narasipura from 03.03.2009. Contrary to the Government Order dated 22.11.2001, the respondents issued a notification on 02.06.2011 as per Annexure-A, transferring the 6th respondent to the place of Petitioner as T. Narasipura and no place was shown to the petitioner. Aggrieved by this order of transfer at Annexure-A, the petitioner approached this Court in W.P.No.23090/2011. This Court by order dated 28.06.2011 granted an interim order, staying Annexure-A subject to the condition that in the event the petitioner has not been relived from service. By the time the interim order was communicated to the respondents, the petitioner was relieved from the service.

During the pendency of this writ petition, the respondents have now transferred the petitioner as Manager, Town Municipal at Karwar. In the circumstances, the petitioner is before this Court in W.P.No. 31373/2011 questioning the order of transfer to Karwar.

The Government Order dated 22.11.2001 specifies that the Government servant holding Group-C post shell not be transferred for a minimum period of five years subject to certain relaxations and conditions. Further, this Government Order specifies that any transfer shall be made by the Cadre Management Authority in the interest of public service. The full bench of this Court in the case of Chandru. H.N. Gowda Vs. State of Karnataka and Others, held that the Government Order dated 22.11.2001 has statutory force. Therefore, it is obligatory on the part of the respondents to effect any transfer, strictly in accordance with the terms contained in Government Order dated 22.11.2001.

It is not in dispute that the petitioner is Group-C employee and he was transferred to Town Punchayat at T. Narssipura on 03.03.2009. Before the expiry of five years period, the petitioner is now transferred under the impugned order at Annexure-A and the same to contrary to the Government. Order dated 22.11.2001. During the pendency of these writ petitions, this Court has directed the respondents to file an Affidavit clarifying, whether the petitioner was transferred by the Cadre Management Authority. In compliance of the directions of this Court, the Secretary, Urban Development Department has a filed an Affidavit dated 12.10.2011. In this affidavit, it is stated that on the orders passed by the Hon''ble Minister for Urban Development Department and Municipal Administration vide order dated 01.06.2011, the petitioner was transferred. Again, this affidavit manifestly makes it clear that the transfer of the petitioner is contrary to the Government Order dated 22.11.2001. In the circumstances, the impugued order of transfer and also the subsequent transfer of petitioner to Karwar are liable to be quashed. For the reasons stated above, the following:

ORDERS

1) These writ petitions are hereby allowed.

2) The impugned order dated 02.06.2011 as per Annexure-A, transferring the 6th respondent as Chief Officer at T. Narasipura is hereby quashed.

3) So also, the impugned order dated 23.07.2011, Annexure-E, transferring the petitioner as Manager, Town Municipal at Karwar, is hereby quashed.

4) Respondents to permit the petitioner to report as Chief Officer at T. Narasipura.

Ordered accordingly.