G.R. NATARAJA Vs. STATE OF KARNATAKA

JUDGEMENT

(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 1½ 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.