JOHN Vs. KARNATAKA STATE ROAD TRANSPORT

JUDGEMENT

(1.) THE petitioners in all these Petitions who are either Drivers or Conductors in the Karnataka State Road Transport Corporation (hereinafter referred to as the Corporation) and working in various Divisions have filed these Petition? challenging the competency, correctness and propriety of the transfer orders transferring them from one Division to another. Since the questions for consideration in all these Petitions are almost identical, all the Petitions are clubbed together and disposed of by a Common Order.

(2.) THE official status of the petitioners and the power of the Corporation to transfer its employees are not in dispute. THE dispute is only in respect of (1) whether there can be a transfer ignoring Clause 14(c) of the Memorandum of Settlement of 1981 (in short the 1981 Settlement); (2) when the seniority of the employees appointed in a Division is maintained by the same Division, whether they are liable to be transferred to another Division; (3) when enquiries on the allegations made against the employees are pending, is it proper to transfer such employees on the basis of such allegations without enquiry; (4) whether the transfers of the petitioners can be said as administrative orders in the public interest and will improve efficiency or whether the transfers are in the nature of victimisation and with a mala fide intention on the part of the Corporation and (5) since the petitioners are all Class III employees belonging to lowest cadre, is it proper to transfer them in the middle of the year to far off places.

(3.) IN order to answer the Points raised above it is proper to bear in mind the service conditions of the employees, Settlements which govern their service conditions including transfer and how far the Settlements bind the employees and the Corporation,