K. Srinivasulu S/o K. Lachanna v. Tungabadra Board, Rep. by its Secretary, Sri. D. Rangaraddy
2018-03-07
K.N.PHANEENDRA
body2018
DigiLaw.ai
ORDER : 1. Heard the learned counsel for the petitioner and perused the records. 2. The petitioner has called in question the transfer order passed by respondent vide Annexure-A dated 29.06.2016 transferring the petitioner from T.B. Dam to No. 2, LLC Sub-Division, Bellary and one Mr. G.M. Rajashekar who was working in No. 4 LLC Sub-Division, Adoni, has been transferred to the place of the petitioner at T.B. Dam, Hospet. 3. The learned counsel for the petitioner strenuously contends that he is entitled to be at T.B. Dam and the transfer order is passed much against to the Transfer Guidelines which is produced before this Court as per Annexure-C. The petitioner contends that, he has contested for the elections of the office-bearers of their Association and he was elected as President of the Association. Therefore, in view of Guideline No. 12(c) he is entitled to serve in the same place where the Head Office of the Association is situated. There is no dispute that the Head Office of the Association is situated at Hospet. 4. Per contra, learned counsel for the respondent drawn the attention of the Court by producing the material to show that, the petitioner has been in Hospet for long time and further he has been elected as President on fourth time. Therefore, the relaxation under Guideline No. 12(c) will not come to the aid of the petitioner. 5. The learned counsel for petitioner further contends that the said Notification of Guidelines adopted by the Board was from 17.06.2014. Therefore, the petitioner is entitled for relaxation as per the said Guidelines. 6. On careful perusal of the entire materials on record, it is an undisputed fact that from 11.07.2003 upto 30.06.2016 till the date of passing of the impugned order of transfer, the petitioner has served at T.B. Dam in Hospet. Even on earlier occasions also from 19.01.1981 he had been working nearby T.B. Dam at the distance of nearby 60 kms. and 40 kms. but the fact remains that he has continuously worked at T.B. Dam for a considerable long time. Therefore, he has worked at the same place for more than 13 years. Now it is relevant to note the relaxation of the conditions with regard to the Guidelines of the transfer under Guideline 12(c) and it reads thus: “12.
and 40 kms. but the fact remains that he has continuously worked at T.B. Dam for a considerable long time. Therefore, he has worked at the same place for more than 13 years. Now it is relevant to note the relaxation of the conditions with regard to the Guidelines of the transfer under Guideline 12(c) and it reads thus: “12. Relaxations: (a) xxx xxx xxx xxx xxx (b) xxx xxx xxx xxx xxx (c) Where a Work-charged and Contingent Employees of the Board is an office-bearer of the Association only and not of any other Association, such Work-charged and Contingent Employees of the Board concerned shall not be transferred until the completion of the term for which he has been elected. In case no elections are held within three months of the completion of the said term, he may be transferred. In case he is reelected he may be continued in the same place until the completion of the second term. There shall, however, be no bar on transferring him even if he is elected for the third or the subsequent terms. The Cadre Management Authority, before transferring him, shall confirm the fact that he has completed the second term. For this purpose, the said Association shall submit a list of its elected office-bearers to the Cadre Management Authorities as soon as they are elected to the Association.” (Emphasis supplied) 7. On careful perusal of this provision, it clearly discloses that if a person is selected or elected as an office-bearer, he is entitled to continue in the same work place for the two terms and if he is elected for the third term or subsequent terms, the Management is at liberty to transfer him from one place to another place. Though these Guidelines have been adopted in the year 2014, but the fact remains that, this person was elected as President for the fourth time. There is no specification in the Guidelines that, it is not applicable to the persons who are elected subsequent to the adoption of the Guidelines. Though the Guidelines are adopted subsequently but the principle adopted are applicable to the petitioner with all force.
There is no specification in the Guidelines that, it is not applicable to the persons who are elected subsequent to the adoption of the Guidelines. Though the Guidelines are adopted subsequently but the principle adopted are applicable to the petitioner with all force. Under the above said facts and circumstances, considering the long stay of the petitioner in one particular place and in view of the absence of such elucidation in the Guidelines, I am of the opinion that, the said Guidelines are also applicable. Therefore, the transfer order passed by the respondent is nowhere against to the Guidelines. Hence, I am of the opinion that the petition is devoid of merits and the same is liable to be dismissed. Accordingly, petition is dismissed.