High CourtsSingle Bench(2014) 02 KAR CK 0369

Sri M. Ramaswamy vs The State of Karnataka, The Managing Director, Karnataka Power Transmission Corporation Limited (KPTCL), The Director, (Administration and Human Resource Department), Karnataka Power Transmission Corporation Limited (KPTCL) and A.C. Narayana Swamy Gowda

Karnataka High Court · Decided on 12 February 2014

HON’BLE JUDGES
A.N. Venugopal Gowda, J
RESULT
Disposed Off
CASE NUMBER
Writ Petition No. 39342/2013 (S-TR)

AI Structured Summary

Not yet generated for this judgment

Judgment

7 paragraphs · 415 words

A.N. Venugopala Gowda, J.—Questioning an order of transfer dated 31.08.2013 vide Annexure-A, whereunder, the petitioner was transferred from S-10 Sub Division, BESCOM, Bangalore to CHESCOM, Mysore, this writ petition was filed. The 4th respondent has been posted in place of the petitioner i.e., in pursuance of the impugned order.

2.

Petitioner joined services of the then Karnataka Electricity Board as Assistant Engineer. He was given posting in AE ''A'' Station, Bangalore and worked therein upto 26.03.1999. Thereafter he was given posting in AE E-4 Station, Bangalore, wherein he worked from 26.03.1999 to 21.04.2005 i.e., for about six years. He having been promoted as Assistant Executive Engineer, has been working in Bangalore from 21.04.2005. It appears that the petitioner has worked in Bangalore for nearly 15 years.

3.

The 4th respondent having joined service as Junior Engineer in the respondent - establishment, has worked from 1990 till 1995 in its Bangalore Offices. Thereafter, he has worked at Yelahanka Station from 1995 to 2007 and at Hoskote from 2007 till 2011 and thereafter, in Bangalore North Circle.

4.

Since the impugned transfer has been effected during the middle of the academic year, learned advocate for the petitioner submitted that the same if given effect to, would cause undue hardship to the petitioner. There is merit in the submission of the learned counsel, since the petitioner has two daughters studying in colleges and aged parents.

5.

Sri P.S. Dinesh Kumar was directed to find out whether the petitioner and the 4th respondent could be continued in their respective places till the end of March 2014 and to consider the cases of the petitioner and the 4th respondent for transfer i.e., in the general transfers of 2014. Learned counsel having obtained instructions submitted that, for the present, the petitioner and the 4th respondent would be continued in their respective places. He submitted that in view of the long stay of the petitioner in one station - Bangalore, he is liable for transfer as per the policy decision of the respondents 2 and 3.

Keeping in view the submission made by Sri P.S. Dinesh Kumar, respondents 2 and 3 shall continue the services of the petitioner and the 4th respondent in the respective places wherein they are working presently, till the general transfers of 2014 is taken up and effected. Respondents are at liberty to effect transfer of the petitioner and the 4th respondent in the general transfers when taken up from April 2014 onwards.

Petition is disposed of accordingly.