LAWS(KAR)-2016-6-201

AYED MOSION Vs. STATE OF KARNATAKA AND OTHERS

Decided On June 28, 2016
Ayed Mosion Appellant
V/S
State of Karnataka And Others Respondents

JUDGEMENT

(1.) In all these petitions, there is common challenge to the order passed by the Karnataka State Administrative Tribunal dated 9-6-2016 (hereinafter referred to as 'the Tribunal' for the sake of brevity), whereby the Tribunal for the reasons recorded in the order has dismissed the petitions.

(2.) We have heard Mr. M.S. Bhagawat, learned Counsel appearing for the petitioners and Mr. H.T. Narendra Prasad, learned Counsel appearing with Mr. K. Ananda, learned Counsel for the respondents.

(3.) The principal contention raised on behalf of the petitioners is that when Rule 18 of the Karnataka State Civil Services (Regulation of Transfer of Teachers) Rules, 2007 (hereinafter referred to as 'the Rules' for short) is holding the field for filling up of the posts of BRC/BRP and other Officers who are engaged in the Central Sponsored Scheme, without prior approval of the Government, the impugned Circular dated 21-5-2016 cannot be issued by the Director of State Planning. It was submitted that the said Circular was challenged before the Tribunal, but the Tribunal held that the said Circular is not applicable to transfer and posting and dismissed the petitions. It is under these circumstances, this Court may consider the said aspect.