M.P.PARAMESHWARAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner who is a Group-B Senior Grade Government Employee under respondent No.2 - Corporation has called in question the validity of the order at Annexure-A dtd. 15/6/2022, whereby respondent No.3 - Sri. S. G. Srinivas has been posted as District Manager of Dr. B. R. Ambedkar Development Corporation, Shivamogga.

(2.) Petitioner submits that in terms of the order at Annexure-C dtd. 22/7/2021, the petitioner was posted as District Manager of Dr. B. R. Ambedkar Development Corporation, Shivamogga, in a vacant place and by virtue of the order at Annexure-A, petitioner is sought to be displaced within the security of tenure as per the transfer guidelines. Petitioner has assailed the said order at Annexure-A by relying on Rule 17(a) of the Karnataka Civil Services Rules, while contending that two Government servants cannot be appointed substantively to the same permanent post. Reliance is also placed on the transfer guidelines at Clause 6D(ii) while contending that the requirement under Clause 6D(ii) is required to be strictly adhered to by the Government.

(3.) Learned Additional Government Advocate and the private respondent would contend that posting of the petitioner as per the order dtd. 22/7/2021 was only incharge arrangement and if that were to be so, the question of the petitioner seeking to challenge his relegation does not arise and such relegation does not amount to transfer and would not fall within the purview of transfer guidelines.