P.KRISHNAMURTHY Vs. DIRECTOR

JUDGEMENT

(1.) The petitioner has challenged the Office Memorandum bearing No.4(5)/VITM/A&E/2021/292 dtd. 16/8/2021 vide Annexure- D and Office Memorandum bearing No.12 (153)T/A&E/2021/1615 dtd. 23/12/2021 vide Annexure- P passed by respondent No.1 and has sought for issuance of writ of mandamus directing the respondents to continue the petitioner as Technical Officer 'B' Group-III(4) at Visweswaraya Industrial and Technological Museum, Bengaluru.

(2.) The facts that are made out is that the petitioner was appointed as Technician 'A' (Electronics) in Visweswaraya Industrial and Technological Museum in 1987 and has been promoted as Technician 'B', Technician 'C', Technician 'D' and Technician 'E' till 2018 and later, as Technical Officer 'A' Group-III(3) and has been working in the same unit since 1987. It is submitted that as per the order at Annexure - D, the petitioner has been transferred from Visweswaraya Industrial and Technological Museum, Bengaluru to the Unit District Science Centre, Kalaburagi along with his post from the present place of posting. It further comes out from the facts that the petitioner was granted additional time for reporting as per the Office Memorandum dtd. 23/9/2021 at Annexure-N, wherein, an extension of three months time was granted making it clear that he would be relieved of his duties on 23/12/2021 and no further extension of time would be considered beyond 23/12/2021.

(3.) The petitioner further made a representation dtd. 17/12/2021 to the Director General of National Council of Science Museums through proper channel with a request to defer his transfer. However, the said request was not acceded to by respondent No.1 as the petitioner had already availed extension of more than three months on a decision conveyed by the Director General of National Council of Science Museums. It is submitted that the petitioner had also filed W.P.No.14982/2021 challenging the order of transfer. However, it is submitted by the petitioner that the said writ petition has not been pursued in light of extension of three months time.