B.G. JAYAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ petition is filed challenging the order passed by the Karnataka Administrative Tribunal declining to entertain the petitioner's application, where he has challenged his order of transfer. Admittedly, the petitioner is working at Tumkur from 02.09.1988. On 29.05.2012 he was working as Assistant Director of Agriculture, Watershed Development, Tumkur Division. Now by the impugned order, he is transferred as Assistant Director of Agriculture, Tiptur, in place of the third respondent under Rule 32 of K.C.S.Rs. The said order of transfer is challenged on two grounds firstly, it is premature and secondly, he can be posted only to a vacant post and not to a post which is held by a regular incumbent. The Tribunal declined to accept those contentions and has dismissed the application.

(2.) The learned Counsel for the petitioner assailing the impugned order contends, according to the Circular, even though he is working at Tumkur, for more than three years, as he was not working in the said post for more than three years, the transfer is premature. We do not find any substance in the said contention. The Circular refers to both the place and to the post. Admittedly, the petitioner is working at Tumkur, for the last 14 years and therefore, he cannot contend that his transfer is premature. Insofar as posting him to a post occupied by a regular incumbent is concerned, that is not a plea available to a person who has been given the benefit of Rule 32 of K.C.S.Rs.