Disposed

Smt. Kavitha S v. the State of Karnataka

Karnataka HC16 Jul 2024WP/15386/2024

Case brief

AI extract

What is this about?

Panchayat Development Officer sought quashing of Karnataka Administrative Tribunal orders on transfer/posting after amendment of Cadre and Recruitment Rules making State the seniority unit. The High Court directed the appropriate Government authority to consider grant of posting orders to the petitioner within four weeks and disposed of the petition.

What the court decided

AI extract

Smt. Kavitha S Vs the State of Karnataka — Service and Employment | Karnataka HC (2024)

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NC: 2024:KHC:27682-DB WP No. 15386 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF JULY, 2024

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PRESENT

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THE HON'BLE MRS JUSTICE ANU SIVARAMAN

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AND

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THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 15386 OF 2024 (S-KSAT)

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BETWEEN:

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Digitally signed by BELUR RANGADHAMA NANDINI Location: HIGH COURT OF KARNATAKA

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SMT. KAVITHA S, W/O MANAMOHAN J, AGED ABOUT 46 YEARS, WORKING AS PANCHAYAT DEVELOPMENT OFFICER, BETTAHALASURU, YELAHANAKA TALUK, JALA HOBLI, BENGALURU URBAN DISTRICT, R/AT NO. 86, 3^RD MAIN 3^RD STAGE, VINAYAKA LAYOUT, VIJAYA NAGAR, BENGALURU - 56040. (BY SRI VIJAYA RAGHAVA SARATHY H M, ADVOCATE) AND:

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…PETITIONER

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THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ, M S BUILDING, BANGALORE-560001.

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THE COMMISSIONER, KARNATAKA COMMISSIONARATE KARNATAKA PANCHAYAT RAJ, COMMISSIONERATE KALIDASA ROAD, GANDHI NAGAR, BENGALURU-560009.

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THE DIRECTOR (ADMINISTRATION-1), KARNATAKA PANCHAYAT RAJ COMMISSIONERATE, KALIDASA ROAD, GANDHINAGAR, BENGALURU-560009.

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2 - NC: 2024:KHC:27682-DB WP No. 15386 of 2024

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THE DIRECTOR (ADMINISTRATION-2), KARNATAKA PANCHAYAT RAJ COMMISSIONERATE, KALIDASA ROAD, GANDHINAGAR, BENGALURU-560009.

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THE CHIEF EXECUTIVE OFFICER, BANGALORE URBAN ZILLA, PANCHAYA S KARIYAPPA ROAD, BANASHANKARI, BANGALORE-560070.

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SRI RAJKUMAR, SRI CHOWRAJ, AGED ABOUT 55 YEARS WORKING AS PANCHAYAT DEVELOPMENT OFFICER, BEFORE THE TRANSFER HE WAS WORKING AT O/O BETTAHALASURU GRAMA PANCHAYAT, YELAHANKA.

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THE EXECUTIVE OFFICER, YELAHANKA TALUK OFFICE, BENGALURU URBAN DISTRICT,BENGALURU-560063.

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SRI P S LOKANATH, MAJOR, WORKING AS PANCHAYAT DEVELOPMENT OFFICER, HESARAGHATTA PANCHAYAT, YELAHANA TALUK, BENGALURU URBAN DISTRICT-560088.

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…RESPONDENTS

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(BY SRI VIKAS ROJIPURA, AGA FOR R1 TO R4, SRI B O ANIL KUMAR, ADVOCATE FOR C/R8,

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SRI C M NAGABUSHANA AND SRI A C NAGARJUNA, ADV FOR C/R6)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a)ISSUE AN APPROPRIATE WRIT ORDER OF DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER PASSED IN APPLICATION NO.19/2024 AND 20 TO 29/24 ALLOWING THE APPLICATION AND DISMISSING THE APPLICATION NO.260/2024 DATED 09/05/2024 (ANNEXURE-A) CONSEQUENTLY DISMISS THE APPLICATION NO.19/2024 AND 20 TO 29/24 FILED BY SRI. RAJKUMAR AND ALLOW THE APPLICATION NO.260/2024 FILED BY THE PETITIONER AS PRAYED THEREIN. b) GRANT SUCH OTHER RELIEFS.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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3 - NC: 2024:KHC:27682-DB WP No. 15386 of 2024

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ORAL JUDGMENT

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(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

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Learned counsel for the petitioner submits that the

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petitioner is working as Panchayat Development Officer in Bettahalasuru and that since the Cadre and Recruitment Rules have now undergone an amendment making State the unit of seniority, further posting to the petitioner has to be considered by the Government on the basis of the amended rules.

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Taking note of the said contention, we direct the appropriate authority in the Government to consider the grant of posting orders to the petitioner in accordance with law. Necessary shall be done within a period of four weeks.

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Accordingly, petition stands disposed of.

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Sd/-

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(ANU SIVARAMAN) JUDGE

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Sd/(ANANT RAMANATH HEGDE) JUDGE

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BRN

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List No.: 1 Sl No.: 28

Smt. Kavitha S v. the State of Karnataka

Case brief

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What the court decided

Smt. Kavitha S v. the State of Karnataka

Case brief

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