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2020 DIGILAW 148 (KAR)

G. R. Nataraja v. State Of Karnataka And Another

2020-01-17

H.P.SANDESH, S.N.SATYANARAYANA

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JUDGMENT 1. The petitioner herein is impugning the order of the Karnataka State Administrative Tribunal, Bengaluru (Tribunal for short) dated 07.1.2020, passed in Application No.7399/2019. 2. The facts as submitted by the petitioner and the contesting respondent would indicate that the petitioner herein was appointed as KAS in Junior Grade and posted as Joint Managing Director of Bengaluru Smart City Project, Bengaluru vide order dated 23.11.2018. Thereafter, it is stated that he was transferred as Assistant Commissioner, Pandavapura vide order dated 12.12.2019 i.e., immediately after the completion of nearly 1 year 1 months. It is seen that the petitioner is transferred to the place of respondent No.2, who is admittedly a KAS Officer of Senior Grade as on that date. 3. It is contended by the petitioner that the post of Assistant Commissioner, Pandavapura is encadred to KAS Junior Grade and for KAS Senior Grade there are other posts which are encadred and specifically identified for which respondent No.2 was posted. However, he would state that respondent No.2 instead of accepting the same, has approached he KAT by filing Application No.7399/2019, wherein she would contend that the post of Assistant Commissioner, Pandavapura was initially encadred for KAS Junior Grade Officers. She would state that the said post is subsequently upgraded as encadred post for Senior Grade KAS Officers vide order dated 20.09.2019 and as such, she is entitled to continue in the same place without being disturbed by any order of transfer. She also contended that the order of transfer in shifting her from the post of Assistant Commissioner, Pandavapura to that of Chief Administrative Officer, Mandya Medical Research Institute, Mandya, is premature in nature, in as much as within 1 year 4 months from the date of her transfer to the post of Assistant Commissioner, Pandavapura, she has been disturbed. 4. Though the same was countered by the petitioner herein on the ground that upgradation of the posts of Assistant Commissioner, Pandavapura to the encadred post of Senior KAS Officers, is only to ensure release of salary to the Officers who are holding the post and not upgrading of the post in strict sense. The said argument is not accepted by the Tribunal and it has felt that the continuation of respondent No.2 in the said post at Pandavapura is required to be considered. The said argument is not accepted by the Tribunal and it has felt that the continuation of respondent No.2 in the said post at Pandavapura is required to be considered. While doing so, it is also held that, her transfer from the said post within 1 year 4 months is premature in nature. The said order is under challenge by the petitioner in this proceedings. 5. Heard the learned Senior Counsels appearing for the petitioner as well as respondent No.2 and also learned Additional Government Advocate for respondent No.1- State. It is clearly seen that the order dated 20.09.2019 would indicate that the post of Assistant Commissioner, Pandavapura is upgraded to that as encadred post to be held by Karnataka Administrative Services Officers of Senior Grade, which is rightly accepted by the Tribunal. Therefore, the order of transfer in trying to shift the respondent No.2 from that said post to any other post before completion of two years tenure to her in the said place is premature in nature in as much as she has not completed two years in the place where she was working as on that date. Therefore, the findings of the Tribunal in allowing the said application appear to be just and proper. 6. Therefore, the question of interfering with the order impugned does not arise and accordingly, the writ petition is required to be dismissed. While doing so, this Court would observe that respondent No.1-State shall ensure that proper posting is provided to the petitioner herein within one week from the date of receipt of the copy of this order. With such observations, this writ petition is disposed off.