A History professor nearing retirement sought transfer to his wife's workplace without completing the minimum length of service at his current college. The court held he could not be compelled to complete the minimum term and directed sympathetic consideration under the spouse category.
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 28TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 23061 OF 2024 (S-RES)
BETWEEN:
DR MANJUNATH SAKALESH S/O S V PUTTASHETTY AGED ABOUT 57 YEARS WORKING AT GOVT FIRST GRADE COLLEGE, HOSAMANE BHADRAVATHI-577 301.
…PETITIONER
(BY SMT. AKSHATHA SHETTY K, ADVOCATE)
AND:
REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION
Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA
M S BUILDING
BANGALORE-570 001.
…RESPONDENTS (BY SRI.PRINCE ISAC, ADDITIONAL GOVERNMENT ADVOCATE FOR R1 TO R3)
NC: 2024:KHC:34575 WP No. 23061 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION DTD. 22.08.2024 SUBMITTED BY THE PETITIONER VIDE ANNX-A.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R. NATARAJ
ORAL ORDER
The petitioner has sought for a writ in the nature of Mandamus to direct the respondent No.2 to consider his representation dated 22.08.2024 (Annexure - A) and permit him to participate in the teacher transfer counseling scheduled on 29.08.2024 by treating him as a special case.
availability. He contends that the minimum length of service that the petitioner has to put in the present college is four years but he has only three years of service left and therefore, desires to get a transfer to the place, where his wife is working. He contends that the respondent No.2 has scheduled counseling for transfers on 29.08.2024. The petitioner therefore, filed an application seeking for his transfer to the place where his wife is working on 19.08.2024. He therefore, seeks the indulgence of the Court to direct the respondent No.2 to consider the said representation notwithstanding the fact that he has not completed the minimum length of service at the current working place.
case of the petitioner would be considered in accordance with law.
NC: 2024:KHC:34575 WP No. 23061 of 2024
under "spouse case" category scheduled on 29.08.2024 without insisting him to complete his minimum length of service at Government First Grade College, Hosamane, Bhadravathi.
Sd/(R. NATARAJ) JUDGE
PMR List No.: 2 Sl No.: 5
NC: 2024:KHC:34575 WP No. 23061 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
[DR MANJUNATH SAKALESH VS. STATE OF KARNATAKA AND OTHERS]
27.09.2024 (VIDEO CONFERENCING)
CORAM: HON'BLE MR JUSTICE R. NATARAJ
ORAL ORDER ON 'BEING SPOKEN TO'
Learned counsel for the petitioner has moved this petition for 'Being Spoken To' contending that while disposing of this writ petition, the respondent No.2 was directed to consider the representation of the petitioner dated 22.08.2024 and subject to availability of vacancies at Nyamati Taluk, he may be permitted to participate in the counseling for transfer under "Spouse case". She contends that in paragraph 6 of the order dated 28.08.2024, the respondent No.2 was directed to sympathetically consider the case of the petitioner and transfer him to any place nearby, subject to availability of vacancies. This was not replicated in paragraph 7 of the said order. Therefore, it is prayed that the respondent No.2 be directed to consider the representation of the
NC: 2024:KHC:34575 WP No. 23061 of 2024
petitioner dated 22.08.2024 and transfer the petitioner to any place nearby.
This order shall be read in conjunction with the order dated 28.08.2024.
Sd/(R. NATARAJ) JUDGE
SS
List No.: 1 Sl No.: 1
2 issues framed by the court
Whether a professor short of the four-year minimum length of service may be transferred under the spouse-case category to join his wife's workplace.
Whether the respondent should consider the petitioner's representation dated 22.08.2024 permitting participation in transfer counseling.
3 provisions across 2 enactments
DR MANJUNATH SAKALESH
STATE OF KARNATAKA
THE COMMISSIONER OF COLLEGIATE EDUCATION
THE CHIEF ADMINISTRATIVE OFFICER, DEP. OF COLLEGIATE EDUCATION
R. NATARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
