S. NANDEESHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The substantial prayers in this writ petition are as follows:-

(2.) The writ petitioner was the contesting respondent No.3 before the Karnataka State Administrative Tribunal, Bengaluru (hereinafter referred to as 'the Tribunal' for short). An application was filed by the third respondent herein challenging Annexure-A6 dtd. 11/10/2023 by which the petitioner herein was posted to the place of the applicant. The writ petitioner and the third respondent were working as Sub Registrars. The third respondent was appointed as Sub Registrar by Annexure-A1, order dtd. 15/6/2019 under Hyderabad Karnataka Local cadre. His probation was declared on 25/11/2021 by Annexure-A2 and after the training period, he was posted as Sub-Registrar, Chikkamagaluru. By Notification dtd. 21/5/2022 by Annexure-A3, he was transferred and posted as Sub- Registrar, Mysore (West). He reported for duty at Mysore (West) on 23/5/2022. It was contended that the said post is a Group 'C' post and that the order of transfer dtd. 11/10/2023 was therefore a premature transfer, which is not informed by any reasons as required under Clause 9 of the transfer guidelines. The petitioner herein, who was the third respondent, had been posted as Sub-Registrar at Mysore (West) by the order impugned before the Tribunal while the third respondent was left without posting orders.

(3.) The contention raised by the writ petitioner as evidenced by the reply statement filed before the Tribunal was that the third respondent herein was appointed by direct recruitment of Hyderabad Karnataka Local cadre. It was urged by the respondents before the Tribunal that the Government by order dtd. 27/4/2015, amended the transfer guidelines and provided that employees appointed under the Hyderabad Karnataka Local cadre shall not be transferred outside the region for a period of ten years. It was therefore contended that the third respondent/applicant could have been posted only in the Hyderabad Karnataka region for a period of ten years from his date of recruitment and that he cannot claim tenure under the Government Order dtd. 7/6/2013 outside the said region.