C. THIMMAIAH S/O KARETHIMMAIAH Vs. STATE OF KARNATAKA, R/BY ITS PRL. SECRETARY, EDUCATION DEPT., M.S. BUILDING, SACHIYALAYA-II, BANGALORE, THE COMMISSIONER OF PUBLIC INSTRUCTIONS, GOVT. OF KARNATAKA, NRUPATHUNGA ROAD, BANGALORE AND KEMPAIAH, MAJ

JUDGEMENT

(1.) PETITIONER is challenging the legality and correctness of the order passed by the Karnataka Administrative Tribunal, Bangalore dated 14.10.2011 in Application No.4039/2011. Petitioner Thimmaiah was working as Block Education Officer in South Range -I, Bangalore since 6.9.2009. R -3 Kempaiah was working as Block Education Officer, Bangalore North Range -I for more than 5 years. By an order of transfer dated 30.6.2011 R -3 has been posted to the place of the petitioner and petitioner has been ordered to be posted as lecturer in DIET, Bangalore Urban District. This order was questioned by the petitioner before the tribunal on the ground that though he had not completed minimum period of transfer and even though he has left with few months of service for retirement and that he is going to attain the age of superannuation on 31.3.2012. With a malafide intention Government has transferred R -3 to his place to see that R -3 is retained in Bangalore even though he has completed 5 years in Bangalore Petition filed by the petitioner has been dismissed. Challenging the same, present petition is filed.

(2.) WE have heard the counsel for the petitioner and Govt. Advocate for R -1 and 2 and also Mr. Shailendra for R -3.