Lecturer challenged a Tribunal's ad-interim status quo order in his application against premature transfer, seeking stay of the transfer instead. The High Court declined interference with the interim order and directed the Tribunal to decide the main application without undue delay, within one month.
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NC: 2024:KHC:32782-DB WP No. 22001 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2024 PRESENT
THE HON'BLE MRS JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR JUSTICE G BASAVARAJA WRIT PETITION NO. 22001 OF 2024 (S-KSAT)
BETWEEN:
SRI DHANANJAYA D. S. S/O LATE SHANTHAPPA D.M. AGED ABOUT 44 YEARS WORKING AS LECTURER, DIET, HASSAN-573219 RESIDING AT NO.105, JANVIKA NILAYA, SADASHIVANAGARA, HASSAN-573219
…PETITIONER
(BY SRI. M.S. BHAGWAT, SENIOR COUNSEL A/W SRI. SATISH K., ADVOCATE)
AND:
Digitally signed by NANDINI D Location: High Court of Karnataka
…RESPONDENTS
(BY SRI. VIKAS ROJIPURA, AGA FOR R1.)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 06.08.2024 PASSED BY THE HON'BLE KARNATAKA STATE ADMINISTRAIVE TRIBUNAL, BANGALORE PASSED IN APPLICATION No.3871/2024 (ANNEXURE-A), IN SO FAR AS THE GRANT OF INTERIM ORDER OF STATUS QUO IS CONCERNED AND CONSEQUENTLY ISSUE THE INTERIM ORDER AS SOUGHT FOR BY THE PETITIONER BEFORE THE HON'BLE TRIBUNAL (ANNEXURE-B) ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE ANU SIVARAMAN and HON'BLE MR JUSTICE G BASAVARAJA
ORAL ORDER
(PER: HON'BLE MRS JUSTICE ANU SIVARAMAN)
This petition is filed challenging the order dated 06th
August, 2024 passed in Application No.3871 of 2024 by the Karnataka State Administrative Tribunal, Bangalore (for brevity, hereinafter referred to as "Tribunal").
for the petitioner and Sri Vikas Rojipura, learned Government Advocate for respondent No.1.
the writ petitioner had a prima facie case inasmuch as he
has been disturbed prematurely without granting posting orders, the Tribunal has ordered only status-quo to be maintained and has not granted the stay of the impugned transfer, which is clearly illegal.
challenged in this writ petition is the one passed on 06th August, 2024 and is purely an ad-interim order. The main Application stands posted to 26th August, 2024.
matter has to be considered without further delay and appropriate orders be passed by the Tribunal taking note of the contentions of the parties. We are confident that the Tribunal will pass orders without any undue delay in the Application and at any rate, within a period of one month
from the date of receipt of copy of this Order.
Sd/(ANU SIVARAMAN) JUDGE
Sd/(G BASAVARAJA) JUDGE
LNN List No.: 1 Sl No.: 13
1 issue framed by the court
Whether the High Court should interfere with an ad-interim status quo order passed by the Karnataka State Administrative Tribunal in a transfer-related application.
1 provisions across 1 enactments
SRI DHANANJAYA D. S.
THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY
SMT. CHANDRIKA T.
ANU SIVARAMAN
G BASAVARAJA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
