Disposed

Smt Bharathi a v. the State of Karnataka

Karnataka HC8 Aug 2024WP/16722/2024

Case brief

AI extract

What is this about?

Two writ petitions by Panchayat Development Officers challenging Tribunal decisions on transfers and postings. Court held postings must follow Rules in force; directed respondents to consider petitioners' requests in accordance with amended Rules, permitting participation in ongoing counseling.

What did the court decide?

Respondents to grant posting to petitioner in W.P.16722/2024 at earliest via counseling; petitioner in W.P.12800/2024's request for posting to be considered per amended Rules.

Smt Bharathi a Vs the State of Karnataka — Service and Employment | Karnataka HC (2024)

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NC: 2024:KHC:31847-DB WP No. 16722 of 2024 C/W WP No. 12800 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF AUGUST, 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 G BASAVARAJA WRIT PETITION NO. 16722 OF 2024 (S-KSAT) C/W WRIT PETITION NO. 12800 OF 2024 (S-KSAT)

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IN WRIT PETITION NO. 16722 OF 2024: BETWEEN:

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SMT. BHARATHI A. W/O PRASAD AGED ABOUT 40 YEARS WOKRING AS PANCHAYAT DEVELOPMENT OFFICER BANDI KODAGIHALLI YELAHANKA TALUK, JALA HOBLI BENGALURU URBAN DISTRICT R/AT NO.73, 7^TH MAIN, SUBHASH NAGAR, K.S. TOWN BENGALURU-560 060

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Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka

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…PETITIONER

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(BY SRI. VIJAYA RAGHAVA SARATHY H.M., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REPRSENTED BY IT'S PRINCIPAL SECRETARY DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATH RAJ

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M S BUILDING, BENGALURU-560 001

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THE DIRECTOR COMMISSIONERATE OF PANCHAYTH RAJ

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NC: 2024:KHC:31847-DB WP No. 16722 of 2024 C/W WP No. 12800 of 2024

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RURAL DEVELOPMENT AND PANCHAYATH RAJ DEPARMTENT K.R. ROAD, GANDHI NAGAR BENGALURU-560 009

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THE CHIEF EXECUTIVE OFFICER BENGALURU URBAN ZILLA PANCHAYATH GANDHI NAGAR, BENGALURU-560 001

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THE EXECUTIVE OFFICER YELAHANKA TALUK OFFICE BENGALURU URBAN DISTRICT BENGALURU 560063

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SRI. POONACHA MAJOR WORKING AS PANCHAYAT DEVELOPMENT OFFICER GANTAGANAHALLI PANCHAYAT YELAHANKA TALUK BENGALURU URBAN DISTRICT-560 088

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…RESPONDENTS

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(BY SRI. VIKAS ROJIPURA, AGA FOR R1 & R2; SRI. B.O. ANIL KUMAR, ADVOCATE FOR C/R5)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN APPROPRIATE WRIT ORDER OF DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER PASSED IN APPLICATION No.262/2024 DATED 23.04.2024 DISMISSING THE APPLICATION (ANNEXURE-A) AND ALLOW THE APPLICATION No.262/2024 FILED BY THE PETITIONER AS PRAYED THEREIN IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

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IN WRIT PETITION NO. 12800 OF 2024: BETWEEN:

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SRI. PRANESH KUMAR S/O SRI. SIDDAPPA AGED ABOUT 38 YEARS

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NC: 2024:KHC:31847-DB WP No. 16722 of 2024 C/W WP No. 12800 of 2024

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ORIGINAL POST PANCHAYATH DEVELOPMENT OFFICER BANDIKODIGEHALLI GRAMA PANCHAYATH YELAHANKA TALUK, BENGALURU URBAN DISTRICT R/AT. NO.366, 7^TH CROSS, 1^ST STAGE NAGARABHAVI, KALYANA NAGAR BENGALURU NORTH, BENGALURU-560 072

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...PETITIONER

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(BY SRI. C.M. NAGABUSHANA, ADVOCATE)

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AND:

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1 . THE STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL ADDITIONAL CHIEF SECRETARY DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATH, M.S. BUILDING BENGALURU-560 001

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2 . THE COMMISSIONER KARNATAKA COMMISSIONERATE KARNATKA PANCHAYATH RAJ COMMISSIONERATE O/O. KALIDASA ROAD, GANDHINAGARA BENGALURU-560 009

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3 . THE DIRECTOR (ADMINISTRATION-1) KARNATKA PANCHAYATH RAJ COMMISSIONERATE O/O. KALIDASA ROAD, GANDHINAGARA BENGALURU-560 009

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4 . THE CHIEF EXECUTIVE OFFICER BENGALURU URABN ZILLA PANCHAYATH O/O. S. KARIYAPPA ROAD BANASHANKARI, BENGALURU- 560 070

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5 . SMT. BHARATHI MAJOR PANCHAYATH DEVELOPMENT OFFICER BANDIKODIGEHALLI GRAMA PANCHAYATH YELAHANKA TALUK BENGALURU URBAN DISTRICT

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NC: 2024:KHC:31847-DB WP No. 16722 of 2024 C/W WP No. 12800 of 2024

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6 . SRI. POONACHA MAJOR WORKING AS PANCHAYATH DEVELOPMENT OFFICER GANTAGANAHALLI PANCHAYATH YELAHANKA TALUK BENGALURU URBAN DISTRICT-560 088

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…RESPONDENTS

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(BY SRI. VIKAS ROJIPURA, AGA FOR R1 TO R3; SRI. MAHESH R. UPPIN, ADVOCATE FOR R4; SRI. VIJAYA RAGHAVA SARATHY H.M., ADVOCATE FOR R5; SRI. B.O. ANIL KUMAR, ADVOCATE FOR R6)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO (a)CALL FOR RECORDS. ALLOW THE APPLICATION NO.806/2024; (b) QUASH/CALL FOR RECORDS PERTAINING TO THE IMPUGNED NOTIFICATION No.KPRC/GPMPDO/338/2023, DATED 10.01.2024 PASSED BY THE THIRD RESPONDENT (ANNEXURE-A9) IN APPLICATION No.806/2024, AND SETASIDE THE SAME IN SO FAR AS IT RELATED TO THE 6^TH RESPONDENT WHO IS AT SL.No.1, AND CONTINUE THE APPLICANT IN HIS PRESENT PLACE AS PANCHAYATH DEVELOPMENT OFFICER, BANDIKODIGEHALLI GRAMA PANCHAYATH, YELAHANKA TALUK, BENGALURU URBAN DISTRICT AND ETC.

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THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE G BASAVARAJA

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5 - NC: 2024:KHC:31847-DB WP No. 16722 of 2024 C/W WP No. 12800 of 2024

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ORAL JUDGMENT

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

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We have heard the learned counsel appearing for the petitioners herein.

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It is submitted that the Tribunal has considered the issue of transfers and postings of Panchayat Development Officers in terms of the Cadre and Recruitment Rules in force at the relevant time. It is submitted that thereafter, the Recruitment Rules have undergone an amendment making State the Unit for Seniority and therefore, further posting of the petitioners have to be considered by the Government on the basis of the amended Rules.

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Though several contentions are raised on the merits of the matter, we are of the opinion that question with regard to transfer and posting of the employees concerned have to be taken up by the respondents in accordance with the Rules in force.

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NC: 2024:KHC:31847-DB WP No. 16722 of 2024 C/W WP No. 12800 of 2024

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Learned Government Advocate submits that

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counseling for transfers is ongoing in terms of the amended Rules.

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W.P.No.16722/2024 is remaining without posting and

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salary and that appropriate orders have to be passed granting a posting to said petitioner at the earliest by permitting him to participate in the counseling being held.

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With regard to the petitioner in W.P.No.12800/2024, request for posting shall be

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appropriately considered in accordance with the amended Rules.

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Sd/(ANU SIVARAMAN) JUDGE

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Sd/(G BASAVARAJA) JUDGE

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MH/List No.: 1 Sl No.: 13

Smt Bharathi a v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Smt Bharathi a v. the State of Karnataka

Case brief

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