R. ANAND Vs. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF ANIMAL HUSBANDRY AND VETERINARY SERVICES AND OTHERS

JUDGEMENT

(1.) LEARNED Additional Government Advocate is directed to take notice for respondents No. 1 to 4. The petitioner was working as Group -D employee in the office of Commissioner of Animal Husbandry and Veterinary Services, Bangalore and was promoted as Second Division Assistant on 4.1.2013 and posted to the vacant post in the Veterinary Clinic, Shoolay, Bangalore North/Taluk, within the jurisdiction of the Assistant Director of Veterinary Hospital, Shoolay, Bangalore North Taluk. Accordingly, he took charge on 17.1.2013. Subsequently, the post held by the petitioner at Shoolay had been shifted to the Department of Animal Husbandry and Veterinary Services, Mysore and consequently the petitioner was without any posting.. Later the petitioner has been transferred to work as Second Division Assistant at Veterinary Hospital, Harave, Chamrajnagar Taluk by the order dated 20.7.2013. The 5th respondent herein was transferred to work as Second Division Assistant in the office of Deputy Director, Department of Animal Husbandry and Veterinary Services, Mysore by order dated 22.1.2013. Challenging both the orders, the petitioner approached the Karnataka Administrative Tribunal in Application No. 555/2013 with a prayer to re -shift the post from Mysore to Shoolay and allow him to work at Shoolay, Bangalore North Taluk. The said application came to be dismissed by the impugned order.

(2.) UNDISPUTEDLY , the petitioner was posted on promotion as Second Division Assistant at Shoolay, Bangalore North Taluk. Because of shifting of the post of Second Division Assistant from Bangalore to Mysore, the petitioner is given posting at Harave, Chamanarajanagar District. The 5th respondent herein, who was serving as Second Division Assistant at Harave, Chamarajanagar District, for 12 years, has been transferred to Mysore. We do not find any ground to interfere with the order of the Tribunal inasmuch as the transfer of the 5th respondent from Harave, Chamarajanagar District to Mysore cannot be modified in view of the fact that, she has already worked at Harave for 12 years. On the other hand, the petitioner was promoted as Second Division Assistant and posted at Harave, Chamarajanagar District. At the first instance, he was posted at Shoolay, Bangalore North Taluk, but the said post is shifted to Mysore as aforementioned. Hence, it cannot be said that the petitioner has got right to continue at Shoolay, Bangalore. No interference is called for. Accordingly, the writ petition is dismissed. Learned Additional Government Advocate is permitted to file memo of appearance on behalf of respondents No. 1 to 4 within four weeks.