Office Manager challenged transfer to Belgaum. State retained him at Shivamogga Municipal Corporation pursuant to an earlier court direction; with that accommodation in place, the writ petition was disposed of.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 21254 OF 2024 (S-TR)
BETWEEN:
SRI P VENKATAIAH, S/O SRI CHIKKA PENCHALAIAH, AGED ABOUT 51 YEARS, WORKING AS OFFICE MANAGER, CITY MUNICIPAL COUNCIL, SAGARA, SHIMOGA DISTRICT - 577 401. (UNDER ORDER OF TRANSFER).
…PETITIONER
(BY SRI VIRUPAKSHA M, ADVOCATE)
AND:
Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA
SHIMOGA DISTRICT - 577 429.
…RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD. 31.07.2024 VIDE OFFICIAL MEMORANDUM NO. NAAAE 77 TMS 2024 (E) AT ANNX-D TO AN EXTENT THAT THE R-4 IS TRANSFERRED TO THE PLACE OF PETITIONER WITHOUT DEPUTING THE PETITIONER TO ANY OTHER PLACE OR POST.GRANT AN INTERIM ORDER TO STAY THE OPERATION OF THE IMPUGNED ORDER DTD. 31.07.2024 VIDE OFFICIAL MEMORANDUM NO. NAAAE 77 TMS 2024 (E) AT ANNX-D PASSED BY THE R-1 AUTHORITY AND DIRECT THE R-1 TO 3 TO ALLOW THE PETITIONER TO CONTINUE HIS SERVICES AS OFFICE MANAGER AT CITY MUNICIPAL COUNCIL SAGARA SHIMOGA DISTRICT AND ETC.
THIS PETITION, COMING ON FOR PRELIMNARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R. NATARAJ
ORAL ORDER
This Court, in terms of the order dated 22.08.2024 had directed the Additional Government Advocate to ascertain whether there are any vacant posts of Office Manager in the Shivamogga Municipal Corporation where the petitioner could be accommodated, instead of shunting him to Belgaum.
the posting given to the petitioner as an Office Manager in Shivamogga Municipal Corporation.
Sd/(R. NATARAJ) JUDGE
THM List No.: 1 Sl No.: 10
1 issue framed by the court
Whether the petitioner's transfer order dated 31.07.2024 should be quashed when he could be accommodated at Shivamogga instead of Belgaum
1 provisions across 1 enactments
Sri P Venkataiah
State of Karnataka, represented by Under Secretary, Urban Development Department
The Director, Directorate of Municipal Administration
The Commissioner, City Municipal Council, Sagara
Sri Balachandrappa
R. Nataraj
As recorded by the court registry
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