SRI. S.D. MANJUNATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has challenged the transfer order, dated 15-07-2017, passed by the respondent No.1, whereby respondent No.4 has been transferred to the post held by the petitioner in Town Municipal Council, Malavalli, and the petitioner is being kept "awaiting posting order" ('APO', for short).

(2.) Briefly the facts of the case are, in 1998 the petitioner was appointed as a Community Affairs Officer with the Director of Municipal Administration. Initially, he was posted at Belur in Hassan District. Subsequently, he was transferred from Hassan District to Chikmagalur. He worked in Chikmagalur from 2011 to 2015. In July 2015, he was transferred from Chikmagalur to Mudigere. On 27-03-2017, the petitioner was transferred as Chief Officer, Town Municipal Council, Malavalli in Mandya District. Pursuant to the said transfer order, the petitioner joined his duties on 10-04-2017. However, just after the lapse of three months, by order dated 15-07- 2017, respondent No.4, Mr. Pradeep Kumar A. B., has been brought on the post held by the petitioner, as the Chief Officer, Town Municipal Council, Malavalli, and the petitioner has been kept as APO. Therefore, this writ petition before this Court.

(3.) Mr. Reddy, the learned counsel for the petitioner, has vehemently contended that the petitioner is being transferred and being kept as APO, just after three months of his having joined his post at Malavalli. Therefore, the impugned order dated 15-07-2017 is contrary to the guidelines issued by the Government on 07-06-2013. For, according to the guidelines, a person appointed in a 'B-Group' post, cannot be transferred within a period of three years from the date of his posting. However, the petitioner is being transferred just after three months, from the date of his posting at Malavalli.