M. NAVEEN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner-Mr. Naveen being aggrieved by the order dated 08.01.2019 passed by the Karnataka State Administrative Tribunal, Bengaluru (hereinafter referred to as 'KAT') in Application No.7784/2018 (Annexure-A), has approached this court, seeking for quashing of the said order and for issuance of any other order or direction as this court deems fit.

(2.) The facts of this case discloses that, the 3rd respondent-Mr. Bhaskar was working as Sub-Registrar at Jala, Bengaluru North Taluk, since 04.07.2015 and before he completing the minimum tenure, he was transferred to Mulabagilu, in the place of the petitioner-Mr. Naveen and vice versa. The grievance of Respondent No.3 is that, he is a Group 'C' official and the minimum period of stay at a place available to him is four years, but before the said period he is transferred, and the petitioner is working as Sub-Registrar on independent charge basis and for that reason, the petitioner is not qualified to be posted in place of the 3rd respondent, therefore, the posting of the petitioner to the alleged post and place, is mala fide.

(3.) The grounds urged by the 3rd respondent before the KAT was in two fold. First is, the impugned order dated 30.10.2018 is premature in as much as the applicant is displaced within a period of 3 years 3 months, as he is working in the cadre of Sub-Registrar, which is a Group 'C' Post and the term fixed for the said Cadre is four years, and the impugned order is passed posting the petitioner in the place of the 3rd respondent and vice versa. The second ground is, the petitioner is not entitled to displace the 3rd respondent since he is holding the post of Sub-Registrar under Rule 32 of the Karnataka Civil Service Rules and the 3rd respondent being the regular Sub-Registrar, he cannot be displaced by the petitioner, who is a First Division Assistant and holding the post of First Division Assistant under Rule 32 of the Karnataka Civil Service Rules. On the said grounds, he sought for quashing of the notification dated 30.10.2018 at Annexure-A6 on the file of Respondent No.1-State (Department of Revenue (Registration & Stamps), M.S. Building, Bengaluru. The petitioner filed objections to the said application. Considering the grounds of the counsel on both sides, the KAT allowed the application and quashed the Notification No. Kam.E.56.Mu.No.Se.(1) 2017 dated 30.10.2018 (Anneuxre- A6) on the file of Respondent No.1, in so far as it relates to transfer and quashed the posting of Applicant and Respondent No.3.