Dismissed

Dr Guruprasad S D v. the State of Karnataka

Karnataka HC16 Jan 2023WP/24371/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka rejected a writ petition challenging an order by the Karnataka Service Appellate Tribunal dismissing an application for transfer quashing. The Court held that since the petitioner completed the minimum tenure, the Tribunal's order aligning with Government Guidelines of 2013 warrants no interference.

What did the court decide?

Petition rejected as devoid of merits.

Dr Guruprasad S D Vs the State of Karnataka — Pension and Retirement Benefits | Karnataka HC (2023)

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WP No. 24371 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF JANUARY, 2023

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PRESENT

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THE HON'BLE MR. JUSTICE G.NARENDAR AND

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THE HON'BLE MR. JUSTICE S RACHAIAH WRIT PETITION NO. 24371 OF 2022 (S-KSAT)

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BETWEEN:

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Digitally signed by NANDINI D Location: High Court of Karnataka

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DR GURUPRASAD S.D., S/O DATTATREYA RAO, AGE: 55 YEARS OCC: CHIEF VETERINARY OFFICER [ADMN.] [NOW RELIVED ON TRANSFER] VETERINARY HOSPITAL, CHIKKAMAGALURU-577101, R/AT ‘NITHYAJYOTHI NILAYA’, KANAKAMBARI ROAD, MADHUVAN LAYOUT, CHIKKAMAGALURU-577101.

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…PETITIONER

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(BY SMT. PREMA HUGAR, ADVOCATE FOR SRI. MANJUNATHA RAO BHOUNSLE., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, ANIMAL HUSBANDRY AND FISHERIES DEPARTMENT, VIDHANA SOUDHA BENGALURU-560001.

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DR. S.L. HEMANTHKUMAR, CHIEF VETERINARY OFFICER [TECH.] OFFICE OF DEPUTY DIRECTOR,

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WP No. 24371 of 2022

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DEPT. OF ANIMAL HUSBANDRY, CHIKKAMAGALURU-577101.

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…RESPONDENTS

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(BY SRI. SHOWRI H.R, AGA FOR R1, SRI K.R.LINGARAJU, ADV. FOR R2.)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, 1950 PRAYING TO QUASH THE ORDER IN A.No-4422/2022 DATED 28.11.2022 VIDE ANNEXURE-E PASSED BY THE KSAT BENGALURU AND FURTHER PLEASED TO ALLOW THE APPLICATION FILED BY THE PETITIONER.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, G.NARENDAR J., MADE THE FOLLOWING:

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ORDER

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Heard the learned counsel for the petitioner, learned AGA for respondent No.1 and the learned counsel for respondent No.2.

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The petitioner is before this Court being aggrieved by the order dated 28.11.2022 whereby the Tribunal has been pleased to dismiss the application. The Tribunal, before rejecting the application, had by interim order dated 28.09.2022 granted time to the applicant to continue in the post till the 20.11.2022 in view of the fact that the applicant was entitled to a minimum tenure of two years and the applicant, who had been to transferred to the post on 20.11.2020 was entitled to continue for a further period of two

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WP No. 24371 of 2022

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months, after the completion of the tenure, the Tribunal taking note of the order of this Court in the case of Dr. Jayanna H. S.

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vs. State of Karnataka in W.P.No.11937/2022 (DD. 28.06.2022) has been pleased to reject the application as the petitioner applicant had already completed the minimum tenure assured under the Government Guidelines of 2013.

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The applicant having completed his minimum assured tenure, the petitioner cannot have any grievance or complaint against the order of transfer. In that view of the matter, the order of the Tribunal being in consonance with the Guidelines, we do not find any error which warrants interference with the reasoned order of the Tribunal.

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Accordingly, the petition being devoid of merits stands rejected.

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Sd/JUDGE

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Sd/JUDGE

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DN/List No.: 1 Sl No.: 9

Dr Guruprasad S D v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Dr Guruprasad S D v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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