Disposed

Siddappa Kuri S/O Yallappa v. Karnataka Residencial Educational Institutions Society

Karnataka HC10 Sept 2024WP/105302/2024

Case brief

AI extract

What is this about?

Staff nurse posted to Dhannur on revocation of suspension was transferred within two months to Kandagal because the post was occupied by a contract employee protected by an earlier writ order. Court declined to quash the transfer but directed reasonable time for shifting residence and payment of transfer allowance.

What did the court decide?

Petitioners permitted reasonable time for shifting residence and joining at Kandagal after payment of transfer allowance; transfer order otherwise not disturbed.

Siddappa Kuri S/O Yallappa Vs Karnataka Residencial… — Service and Employment | Karnataka HC (2024)

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NC: 2024:KHC-D:12945 WP No. 105302 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 10^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE RAVI V.HOSMANI

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WRIT PETITION NO.105302 OF 2024 (S-TR)

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BETWEEN:

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SIDDAPPA KURI, S/O. YALLAPPA, AGED ABOUT 31 YEARS, WORKING AS A STAFF NURSE, MORARJI DESAI RESIDENTIAL SCHOOL, S.C 278, DHANNUR, HUNGUND TALUK, BAGALKOTE DISTRICT – 587 118.

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…PETITIONER

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(BY SRI MANJUNATH JADAI AND

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SMT. SHRUTHI S.P., ADVOCATES)

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AND:

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Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka

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KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY, REPRESENTED BY ITS EXECUTIVE DIRECTOR KARNATAKA STATE CO OPERATIVE BOARD BUILDING, 6 AND 7 FLOOR, NEAR CHANDRIKA HOTEL, CUNNIGAM ROAD, BENGALURU – 560 001.

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THE DEPUTY DIRECTOR, SOCIAL WELFARE DEPARTMENT, BAGALKOTE DISTRICT – 577 101.

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GEETHA S. CHALLAGIDAD, W/O. SHIVU SANGATI, AGED ABOUT 41 YEARS, WORKING AS A STAFF NURSE, MORARJI DESAI RESIDENTIAL SCHOOL, S.C 278, DHANNUR, HUNGUND TALUK, BAGALKOTE DISTRICT - 587 118.

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…RESPONDENTS

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(BY SRI SUNIL S. DESAI, ADVOCATE FOR R1; SRI P.N.HATTI, HCGP FOR R2)

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2 - NC: 2024:KHC-D:12945 WP No. 105302 of 2024

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER VIDE BEARING C.NO.105645 F.NO.KREIS/ENQR/DISP/20/2024-ADMN, DATED 31/08/2024 ISSUED BY THE RESPONDENT NO.1 TRANSFERRING PETITIONER TO MORARAJI DESAI RESIDENTIAL SCHOOL (SC-573) KANDAGAL HUNUGUNDA TALUK BAGALKOTE DISTRICT FROM MORARJI DESAI RESIDENTIAL SCHOOL S.C. 278, DHANNUR HUNGUND TALUK BAGALKOTE DISTRICT 580 711 AND POSTED THE 3^RD RESPONDENT HIS PLACE(ANNEXURE-D) AND ETC.,

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THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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ORAL ORDER

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Challenging order dated 31.08.2024 passed by

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respondent no.1 at Annexure-D, this writ petition is filed.

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Smt. Shruthi S.P., learned counsel for petitioner submitted that petitioner was working as Staff Nurse in B.R.Ambedkar Residential School, Tondihal, Ilkal Taluk, Bagalkote. He was placed under suspension pending enquiry. Later on, his suspension was revoked by order dated 05.07.2024 and petitioner was posted as Staff Nurse at Morarji Desai Residential School, Dhannur, Hungund Taluk, Bagalkote. In terms of said order, petitioner took charge of said post. Thereafter, on ground that respondent no.3, who was a

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3 - NC: 2024:KHC-D:12945 WP No. 105302 of 2024

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temporary employee appointed on contract basis had filed contempt petition for violation of directions issued in W.P.no.11127/2022 for regularization of her appointment, impugned order was issued.

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It was submitted, said writ petition was disposed of on 21.02.2024 with a direction to respondents not to relieve petitioners therein if they were still rendering services subject to filling up of those vacancies through proper recruitment process. It was submitted, said order would also reveals that there were several factual disputes. Such being case, only on ground that respondent no.3 had subsequently filed contempt petition against her disturbance by virtue of order of transfer of petitioner, petitioner was being retransferred under impugned order to Morarji Desai Residential School, Kandagal, Hungund Taluk, Bagalkote. Since second order of transfer was within a span of two months, same was in gross violation of Transfer Guidelines which stipulates minimum period of stay of five years. On said ground, petitioner was challenging Annexure-D.

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On other hand, Sri Sunil S Desai, learned counsel for respondent no.1 and Sri P.N.Hatti, learned High Court Government Pleader for respondent no.2 sought to oppose writ

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4 - NC: 2024:KHC-D:12945 WP No. 105302 of 2024

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petition. It was submitted, respondent no.3 indeed was appointed as contract employee and was working as Staff Nurse at Morarji Desai Residential School, Dhannur. In view of fact that recruitment process for filling up said vacancy was initiated, respondent no.3 was sought to be relieved. Challenging recruitment process and against order of relieving, respondent no.3 had filed W.P.no.11127/2022 before this Court. Same was disposed of on 21.02.2024 with directions not to relieve petitioner from service if not already relieved until filling-up of said post by regular recruitment process.

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It was submitted, respondent no.3 had since filed contempt petition apprehending she would be relieved, if, order of transfer/posting passed in favour of petitioner were to be implemented. It was submitted, as part of revocation of suspension, petitioner herein was posted as Staff Nurse at Morarji Desai Residential School, Dhannur, without noticing fact that post of Staff Nurse at Dhannur was not vacant as respondent no.3 had continued in pursuance of order passed in W.P.no.11127/2022.

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Upon realizing said mistake, respondent no.3 had sought to withdraw order at Annexure-A and passed order as

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per Annexure-D, reposting petitioner to Morarji Desai Residential School, Kandagal, Hungund Taluk, which was at a distance of 42 kilometers only that too within same taluk and therefore would not cause any prejudice to petitioner. It was also submitted, in case of transfer consequent to revocation of suspension, protection under Transfer Guidelines would not be available. On said ground, sought for dismissal of writ petition.

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Heard learned counsel and perused writ petition record.

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From above, it is seen petitioner is challenging order of transfer at Annexure-D on ground that same was passed prematurely on 31.08.2024 within period of two months from date of order at Annexure-A dated 05.07.2024. Perusal of said Official Memorandum would indicate reason for transfer was due to contempt petition filed by respondent no.3. It also refers to revocation of suspension of petitioner. But, it does not state that it was passed under a mistake of fact. Though,

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reliance is sought to be placed on note appended to amendment notification to Rule 10(5) of Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957, on ground that it provides that in case of employee placed under

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suspension, he shall not be continued at same place of posting, amended rules do not contain said note. Even if intention of respondent - Society were that continuation of petitioner would not be conducive, order of posting to some other place would be in nature of transfer. Admittedly, order at Annexure-D either as an order of reposting or as an order of fresh transfer would entail consequences or hardship. But, taking note of fact that distance between Morarji Desai Residential Schools at Dhannur and Kandagal is 42 kilometers and within same taluk, it would be appropriate to direct respondents to permit petitioner some reasonable time for shifting of residence and joining for duty at Kandagal after paying transfer allowance.

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With above observations, writ petition is disposed of.

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Sd/(RAVI V.HOSMANI) JUDGE

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GRD CT-ASC

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List No.: 1 Sl No.: 19

Siddappa Kuri S/O Yallappa v. Karnataka Residencial Educational Institutions Society

Case brief

What is this about?

What did the court decide?

Siddappa Kuri S/O Yallappa v. Karnataka Residencial Educational Institutions Society

Case brief

What is this about?

What did the court decide?

What the court decided

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