A Group 'A' engineer challenged his transfer order from BBMP. The court noted the prescribed tenure was two years, an interim order had operated during that period, and the petitioner was due for transfer in any event, so the petition did not survive and was dismissed as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 18149 OF 2018 (S-TR)
BETWEEN:
SRI. R K SHASHIDHAR S/O LATE M KALAIAH AGED ABOUT 57 YEARS, WORKING AS ASSISTANT EXECUTIVE ENGINEER SWD, BOMMANAHALLI DIVISION BRUHAT BENGALURU MAHANAGARA PALIKE JAYANAGAR 4TH BLOCK BANGALORE-560011
…PETITIONER
(BY SRI. PRASANNA KUMAR P, ADVOCATE)
AND:
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
WORKING AS ASSITANT EXECUTIVE EINGINEER
ROAD INFRASTRUCTURE, EAST DIVISION BBMP, BANGALORE HUDSON CIRCLE BANGALORE-560002
…RESPONDENTS
(BY SRI.HARISH A.S, AGA FOR R1; SMT. M.R.SINCHANA, ADVOCATE FOR R2; SRI.RAVI.H.K, ADVOCATE FOR R3)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 21.3.2018 BEARING NO. MU.A/BRU.NI.GA/ PR/ 4206/17-18 PASSED BY THE R-2 AT ANNEX-A AND CONSEQUENTLY RETAIN THE PETITIONER HEREIN AS ASSISTANT EXECUTIVE ENGINEER, BOMANAHALLI SUBDIVISION.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The captioned petition is filed assailing the impugned transfer order dated 21.03.2018 vide Annexure-A.
2. Petitioner admittedly belongs to Group ‘A’ cadre
and the tenure is two years. Petitioner had the benefit of interim order at the hands of this Court.
NC: 2024:KHC:6128 WP No. 18149 of 2018
petitioner is due for transfer. Therefore, the captioned petition does not survive for consideration.
become infructuous.
Sd/JUDGE
CA
List No.: 2 Sl No.: 2
1 issue framed by the court
Whether the challenge to a transfer order survives when the petitioner's two-year Group 'A' tenure had expired and the interim order no longer protected him.
1 provisions across 1 enactments
Sri. R K Shashidhar
The State of Karnataka, Department of Urban Development
Bruhat Bengaluru Mahanagara Palike
Sri T Hanumantharaya
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
