A government school teacher challenged the Service Tribunal's refusal to quash her transfer order, claiming a four-year retention period. The High Court agreed with the Tribunal that transfers are governed solely by the Karnataka State Civil Services (Regulation of Transfer of Teachers) Act, 2020, and dismissed the writ petition.
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 16TH DAY OF OCTOBER, 2024 PRESENT
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
AND
THE HON'BLE MR JUSTICE C M JOSHI WRIT PETITION NO. 27513 OF 2024 (S-KSAT)
BETWEEN:
SMT. LAKSHMI C M, W/O J KRISHNA KUMAR, AGED ABOUT 43 YEARS, WORKING AS PROGRAMME ASSISTANT O/O DISTRICT ADULT EDUCATION OFFICER R/AT NO. 42, 5TH MAIN, 11TH D CROSS, SIDDARAMESHWARA EXTENSION, GUURKULA SCHOOL ROAD, TUMKUR – 572 103.
…PETITIONER
(BY SRI. VIJAYA KUMAR.,ADVOCATE)
AND:
Digitally signed by SHARADA VANI B Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:41893-DB WP No. 27513 of 2024
…RESPONDENTS
(BY MR.S R KHAMRAZ KHAN., AGA FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO i) SET ASIDE THE ORDER DATED 04/10/2024 PASSED BY THE HONBLE KARNATAKA STATE ADMINISTRATIVE TRIBUNAL, BENGALURU IN APPLICATION NO. 3897/2024 VIDE ANNEXURE-A AND ALLOW THE APPLICATION AND ii)PASS SUCH OTHER ORDER.
THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT and HON'BLE MR JUSTICE C M JOSHI
ORAL ORDER
(PER: HON'BLE MR JUSTICE KRISHNA S DIXIT)
Petitioner, a Government School teacher is knocking
at the doors of Writ Court for assailing the Service Tribunal’s order dated 04.10.2024 whereby, her challenge to Transfer Order dated 31.07.2024 has been negatived by dismissing her Application No. 3897/2024.
official Respondents resists the Petition making submission
in justification of the Tribunal’s order and the reasons on which has been structured.
and having perused the Petition papers, we decline indulgence in the matter broadly agreeing with the reasoning of the Service Tribunal. Admittedly, Petitioner is Assistant Teacher Grade – I and she was posted to work vide order dated 09.05.2022 as Program Assistant. The vehement submission of learned counsel for the Petitioner that her client who has been discharging non-teaching duties, has the retention period of four years under the extant Transfer Guidelines, is bit difficult to sustain. The transfer of teachers is governed by a special statute called Karnataka State Civil Services (Regulation of transfer of Teachers) 2020. Merely because the teacher is posted to work in a non-teaching post, she does not cease to be teacher, the definition of the word having been given in Section 2(i) of the Act itself. Added, the word “transfer” is defined under Section 2(j) to mean posting of a teacher
from one place of working to another place of working in
the same cadre. That cadre need not comprise of a teaching post. If the law maker intended, he would have in so many words said the contrary. This statute being a complete Code on the subject, other instruments cannot be imported to govern the transaction of transfer. This reasoning animates the impugned order of the Tribunal, inarticulately.
post, it cannot be argued that the retention period is four
years.
for the Petitioner, the Tribunal has rightly observed at para
8 of its order as under:
“… When the applicant was transferred from non teaching to teaching post as per the KCS (regulation of transfer of Teachers) Act, 2022, she has to get posting through counseling; until regular counseling is conducted, she has to report before the Government. … Considering the above said facts and circumstances, we do not find illegality or irregularity in passing the impugned order therefore, it does not requires any interference.”
In the above circumstances, this Petition being
devoid of merits is liable to be dismissed and accordingly it
is, costs having been made easy.
Sd/(KRISHNA S DIXIT) JUDGE
Sd/(C M JOSHI) JUDGE
Bsv/List No.: 1 Sl No.: 9
2 issues framed by the court
Whether a teacher posted to a non-teaching post has a four-year retention period under the Transfer Guidelines.
Whether the Tribunal rightly declined to interfere with the transfer and direction to report to Government pending counseling.
4 provisions across 2 enactments
Smt. Lakshmi C M
The State of Karnataka
The Commissioner, Department of Public Instructions
The Office of District Adult Education Officer, Tumkur District
Smt. Pushpa H D
Krishna S Dixit
C M Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
