Petitioner challenged transfer from Bakbkal to Honnavara. Respondent submitted post un-santeed. Petitioner allowed to remain deputed post till next academic year pending sanction.
Petition disposed, stay granted, petitioner permitted to serve at deputed post pending sanction of the post.
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 6TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 202 OF 2023 (S-TR)
BETWEEN:
SMT. KALPANA, W/O K. SRINIVAS, AGED ABOUT 50 YEARS, WORKING AS SOCIAL SCIENCE TEACHER, KITTUR RANI CHENNAMMA, RESIDENTIAL SCHOOL (460), BHATKAL, ON DEPUTATION TO SRI. NARAYANA GURU, RESIDENTIAL SCHOOL (565), BELURU, KUNDAPUR TALUK, UDUPI DISTRICT - 574 118.
…PETITIONER
(BY SRI. VIJAYA RAGHAVA SARATHY H.M, ADVOCATE)
AND:
Digitally signed by V KRISHNA Location: High Court of Karnataka
…RESPONDENTS
(BY SMT. PRATHIBHA, AGA FOR R1 AND R3;
SRI. NAGAIAH, ADVOCATE FOR R2, R4 TO R6 AND R8; R7 - SERVED)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED OFFICIAL MEMORANDUM BEARING NO. KA.VA.SHI. SA.SA/ADALITHA/VARGAVANE/C.R-39/2022-23, DATED 21.06.2022 (ANNEXURE-A) ISSUED BY THE R2 EXECUTIVE DIRECTOR TRANSFERING THE PETITIONER FROM MORARJI DESAID RESIDENTIAL (B.C.203), HIREBETTE, KUNDAPURA, UDAPI DISTRICT AS SOCIAL SCIENCE TEACHER AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER
The captioned petition is filed by the petitioner assailing the impugned transfer order dated 02.12.2022, vide Annexure-B, wherein the petitioner is transferred from respondent No.4 residential school to respondent No.6 residential school. Pending consideration of the captioned petition, this Court has granted stay of the impugned transfer order.
transfer order transferring her from Bhatkal to work at Honnavara, i.e., respondent No.6 school.
instructions, submits that the post of teacher for social science has no sanction from the Government with respondent No.5 school, while the petitioner claims that Government is likely to sanction the post of teacher for social science in the ensuing academic year. Learned counsel for respondent No.2 has submitted that since the petitioner is deputed to respondent No.5 school, she will not be disturbed till next academic year, subject to Government sanctioning the post of teacher for social science subject. The said statement is taken on record. The petitioner is permitted to serve at the deputed post i.e., respondent No.5 school. With these observations, I pass the following:
ORDER
The writ petition stands disposed of.
Sd/JUDGE
hdk
2 issues framed by the court
Whether the transfer order against the social science teacher posting her from one residential school to another for another school to deputy should be quashed
Whether the transfer order against the social science teacher posting her from one residential school to another for another school to deputy should be quashed
2 provisions across 1 enactments
KALPANA
THE STATE OF KARNATAKA
THE KARNATAKA RESIDENTIAL EDUCATIONAL INSTITUTION SOCIETY
THE DISTRICT OFFICER, DEPARTMENT OF BACKWARD CLASSES
THE PRINCIPAL, KITTUR RANI CHENNAMMA RESIDENTIAL SCHOOL
THE PRINCIPAL, SRI. NARAYAN GURU RESIDENTIAL SCHOOL
SACHIN SHANKAR MAGADUM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
