SHIVAJI A KAWALE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Though the writ petition is listed for preliminary hearing, with consent of the learned counsel on both sides, it is heard finally.

(2.) This writ petition assails order dated 20.02.2017, passed in Application No.7540/2016, by the Karnataka State Administrative Tribunal, Bengaluru, (hereinafter, referred to as the "Tribunal", for the sake of brevity).

(3.) The petitioner herein had approached the Tribunal, being aggrieved by the order of transfer dated 30.07.2016 (at Annexure-A3). By that order, petitioner was transferred from the post of Assistant Executive Engineer, Minor Irrigation, Sub Division, Kalaburagi, to the post of Technical Assistant, Minor Irrigation Department, Kalaburagi. According to the petitioner, the said transfer is in violation of Guidelines regarding transfer of Government servants dated 10.06.2013. That the petitioner was transferred on 31.03.2015, to the post in which he was working as per Annexure-A1 dated 06.03.2015 and that within a period of two years, he is transferred by the impugned order dated 30.07.2016 at Annexure-A3 without compliance of Guideline 9(b), in as much as, the said transfer is premature and the approval of the Hon'ble Chief Minister has not been obtained. In the circumstances, petitioner sought for quashing of Annexure-A3, in so far as, it affected his transfer and consequently, to restrain respondent No.5 from occupying his post.