MOHD HAJI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner, Mr. Mohd. Haji, is aggrieved by the transfer order dated 2/5/2015 whereby he has been transferred from Kalaburgi to Hubli -Dharwad.

(2.) THE brief facts of the case are that the petitioner is working as an Assistant Executive Engineer with the Kalaburgi Mahanagara Palike. By the impugned order, he has been transferred from Kalaburgi Mahanagara Palike to Hubli -Dharwad Mahanagara Palike. Hence this petition before this court.

(3.) THE learned counsel for the petitioner has vehemently argued that in order to improve the condition of Hyderabad - Karnataka region under Article 371J of the Constitution of India in 2013, The Karnataka Public Employment (Reservation in Appointment for Hyderabad -Karnataka Region) Order, 2013, was promulgated. According to Order -5(2)(c), in case a suitable person is available at the place of transfer, then employee should not be transferred from the Hyderabad -Karnataka region to any other part of the State. Moreover Order -5 contains a bar to the transfer of employee from the Hyderabad -Karnataka region to other part of the State. According to him, a suitable person is available at Hubli - Dharwad Mahanagara Palike. Therefore transfer of the petitioner is in violation of Order -5(1) and 5(2) of the order of 2013.