SANJAY K. BAGEWADI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the Petitioner and the learned AGA.

(2.) Notice to Respondent No.3 is dispensed with for the reason that Respondent No.3 is said to superannuate on 31/7/2023 i.e. about a month and five days from today. In that view of the matter, we do not intend to interfere with the order permitting her to continue in the post, though it is contended by learned AGA that applicant has already completed her tenure, we do not intend to interfere with the order impugned except as below.

(3.) Learned AGA would reiterate the correctness of the transfer order dtd. 3/2/2023 whereby the Petitioner herein came to be posted to the post of Respondent No.3. The fact remains that Respondent No.3 was relieved on 4/2/2023 from his post of Food Sheristedar at Harapanahalli and he has also taken charge on 6/2/2023 at his transferred post i.e. Food Sheristedar of Honalli. The fact remains that transfer guidelines of 2013 confers certain benefits to a civil servant who is on the verge of superannuation/retirement. In view of the fact that the Petitioner has already taken charge of the post, we deem it equitable to permit Respondent No.3 to continue in the post of Food Sheristedar, Honnalli till her superannuation and further, direct Respondent Nos.1 and 2 to permit the Petitioner to continue in charge of the post as Food Sherisedar, Honnalli w.e.f. 1/8/2023. The order of the Tribunal is modified to the limited extent and the order quashing the transfer order dtd. 3/2/2023 is set aside. In the interregnum, the Petitioner is directed to report before Respondent No.2 and shall discharge such duties as assigned to him by Respondent No.2 till 31/7/2023 and thereafter resume charge of his post as Food Sheristedar, Honnalli w.e.f. 1/8/2023.