Shantagouda S/o Bhimanagouda v. Sabanna S/o Padiyappa Badagandi
2020-08-28
KRISHNA S.DIXIT, P.KRISHNA BHAT
body2020
DigiLaw.ai
ORDER : Petitioner, a civil servant is invoking the writ jurisdiction of this Court for assailing the Judgment & Order dated 10.06.2020 entered by the Hon’ble Karnataka State Administrative Tribunal, Kalaburagi Bench whereby the first respondent’s Application No.20267/2020 having been favoured, the transfer order dated 30.05.2020 to the extent it relates to the parties has been set at naught. 2. After service of notice, the first respondent has entered appearance through learned Advocate and learned AGA represents the official respondents. Both the counsel resist the writ petition making submission in justification of impugned Judgment & Order. 3. Brief facts: (a) Petitioner herein who is nearing retirement by superannuation has completed minimum retention period in the post of DDPI at Kalaburagi and he was transferred to Jamakhandi vide order dated 29.01.2020; by the very same order, the first respondent herein was transferred to the place of petitioner at Kalaburagi wherein he reported for duty. (b) Since the post at Jamakhandi was not vacant, the petitioner could not assume charge despite the transfer order dated 29.01.2020 and therefore he had sought for posting by letter correspondence; the respondent – Government by the order dated 30.05.2020 transferred the petitioner back to Kalaburagi and thus the first respondent herein was sought to be disturbed; therefore, the first respondent approached the Hon’ble KAT which has set aside this transfer order; hence, the petitioner is before this Court. 4.
4. Having heard the learned counsel for the parties and having perused the petition papers, this Court though declines to interfere with the impugned Judgment & Order of the KAT, grants reprieve to the petitioner as under and for the following reasons: (a) The first contention of the learned counsel for the petitioner that despite the transfer order dated 29.01.2020, he has been without any posting and consequently he has been now given posting at Kalaburagi appears attractive at the first blush; however, a deeper examination reveals otherwise; both the petitioner and the first respondent were transferred by the Government Notification dated 29.01.2020; petitioner was posted to Jamakhandi is true; however, the first respondent herein was posted to Kalaburagi on account of the vacancy occasioned by petitioner’s movement to Jamakhandi that too after the expiry of minimum retention period of two years; no employee has a right to stick on to a particular place beyond the retention period and subject to all just exceptions into which case of the petitioner does not fit; therefore, it cannot be argued that the transfer order dated 30.05.2020 is intended to give effect to the transfer order dated 29.01.2020 since the interest of the first respondent herein was already created thereby; (b) The second contention of the petitioner that the transfer of an employee without giving posting to him invalidates the transfer is legally true; however, he has not chosen to lay a challenge to the transfer order dated 29.01.2020 whereby the first respondent herein is posted to petitioner’s post at Kalaburagi which he has been holding; but the transfer order dated 30.05.2020 displaces the first respondent within a short period of four months with no plausible explanation therefore; it is not established that the Transfer Guidelines promulgated by the Government have statutory binding force and their infraction gives rise to a cause of action; first respondent is more than justified in knocking at the doors of Hon’ble KAT and in claiming to retain the relief granted by it; (c) There is force in the contention of the petitioner’s counsel that a displaced employee cannot be made to wait for posting indefinitely; petitioner has been without posting since last six months and this is not a happy thing to happen especially when his retirement in due course is fast nearing; postlessness creates a kind of agony to a public servant, the right to payment of salary notwithstanding.
In the above circumstances, this writ petition marginally succeeds; although the KAT Judgment & Order are left intact, a direction issued to the official respondents to give immediate posting to the petitioner and in any circumstance within two weeks after doing counselling exercise with the participation of the petitioner and other stakeholders, if any.