Sathisha Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Sathisha Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ petition allowed; impugned order dated 30.09.2023 set aside; respondent No.2 directed to continue the petitioner at Aruru; it remains open to respondent No.2 to take such steps as are required after the probationary period of the petitioner's wife is declared.

Issue for consideration

Whether the petitioner's transfer by the order dated 30.09.2023 is in violation of the transfer guidelines issued by the State Government on 15.06.2023, including his claimed entitlement under the guidelines to continue in the same post for 7 years. +2 more

Court's answer

The petitioner was undoubtedly working in Udupi District from the date of his appointment, i.e., 2012.

Ratio / Principle

As per the transfer guidelines in force, an employee is entitled to request for transfer to a place where his wife/spouse is working, and the relevant consideration is whether the distance between the place of his work and the place of work of his spouse can be covered by road within one hour.

Key takeaways

The petitioner's transfer to Aruru on 14.06.2022 was on his own request (within Udupi District, in terms of the order dated 14.06.2022), and therefore his contention that it was a general transfer is incorrect.ratio¶38
Since the petitioner's wife is also working in the same institution at Udupi and she has given birth to a child, in view of the transfer guidelines the petitioner is entitled to be continued in the same post.ratio¶42
Continuing the petitioner at the same post would prejudice none, as respondent No.4 has been transferred to Dharwad where he has assumed charge.

Detailed headnote1 paragraphs

Service Law - Transfer - Warden under Karnataka Residential Education Institution Society - Government Order/memorandum No.SakaEMDS/69/2023 (Bha-1) dated 30.09.2023 (Annexure-E) transferring the petitioner from Morarji Desai Residential School (S.C), Aruru, Udupi District to Dr.B.R.Ambedkar Residential School, Shringeri, Chikkamagaluru District and posting respondent No.4 at Aruru - challenged in writ petition under Articles 226 and 227 of the Constitution - petitioner contended the transfer violated the State Government transfer guidelines dated 15.06.2023, that he was entitled to continue in the same post for 7 years, that his wife works in Udupi where she gave birth to a child on 05.06.2022, and that the distance between Udupi and Chikkamagaluru is 173 Kms - respondents contended the petitioner had worked in Udupi District since his 2012 appointment, that the 2022 shift to Aruru was on his request and not a general transfer, and that a vacancy existed at Shringeri - Held: under the transfer guidelines in force, an employee is entitled to request transfer to a place where his wife/spouse works if the distance between their places of work cannot be covered by road within one hour; the petitioner's wife works in the same institution at Udupi and has given birth to a child, hence the petitioner is entitled to be continued in the same post; respondent No.4 has already been transferred to Dharwad and assumed charge, so continuing the petitioner prejudices none; the 2022 transfer to Aruru was on the petitioner's request, not a general transfer - Writ petition allowed; impugned order set aside; respondent No.2 directed to continue the petitioner at Aruru; liberty reserved to respondent Nos.2 and 3 to transfer the petitioner and his wife to an appropriate place after the wife's probationary period is declared.

1 - NC: 2025:KHC:12888 WP No. 22443 of 2023

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 26^TH DAY OF MARCH, 2025

BEFORE

THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 22443 OF 2023 (S-TR)

BETWEEN:

SATHISHA S/O LATE VISHWANATHA, AGED ABOUT 36 YEARS, WORKING AS WARDEN, MORARJI DESAI RESIDENTIAL SCHOOL AND SCIENCE COLLEGE (S.C - 199), AROORU, BRAHAMAVAR, UDUPI - 576 217.

…PETITIONER

(BY SMT. SHILPA RANI, ADVOCATE)

AND:

Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

THE STATE OF KARNATAKA, DEPARTMENT BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF SOCIAL WELFARE, M.S. BUILDING, DR. B.R AMBEDKAR VEEDHI, BANGALORE - 560 001.

KARNATAKA RESIDENTIAL EDUCATION INSTITUTION SOCIETY, REPRESENTED BY ITS EXECUTIVE DIRECTOR, KMF BUILDING, CUNNINGHAM ROAD, BANGALORE - 560 052.

THE PRINCIPAL, MORARJI DESAI RESIDENTIAL SCHOOL

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AND SCIENCE COLLEGE (S.C -199), AROORU, BRAHAMAVAR, UDUPI - 576 217.

SRI MANJUNATHA HUGGE, WORKING AS WARDEN, MORARJI DESAI RESIDENTIAL SCHOOL MADANAKAKERE (P.J-614), JAGALURU, DAVANAGERE DISTRICT - 577 528.

…RESPONDENTS

(BY SRI. SHIVAPRABHU S. HIREMATH, AGA FOR R1; SRI. D.T. SWAMY, ADVOCATE FOR R2)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) QUASH THE GOVERNMENT ORDER DATED 30/09/2023 IN NO. SAKAEMDS/69/2023 (BHA-1), BENGALURU, PASSED BY R1 VIDE ANNEXURE-E ONLY IN SO FAR AS PETITIONER AND R4 ARE CONCERNED AND ETC.,

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE R. NATARAJ

ORAL ORDER

The petitioner has challenged his transfer by respondent

No.2 in terms of the memorandum bearing No.SakaEMDS/69/2023 (Bha-1) dated 30.09.2023, Annexure-E.

The petitioner contends that he was appointed as a Warden in respondent No.2 on 18.07.2012 and he reported to

duty at Morarji Desai English Medium Residential School (B.C.M), Koteshwara, Kundapur District and worked there for

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10 years. The petitioner claims that he was transferred to Morarji Desai Residential School (S.C), Aruru on 14.06.2022 when general transfers were effected. He reported to duty on 21.06.2022. It is contended that respondent No.1 passed an order dated 30.09.2023 directing the Executive Director to relieve the petitioner from Morarji Desai Residential School (S.C), Aruru and posted the respondent No.4 at the same place and directed the transfer of the petitioner to Dr.B.R.Ambedkar Residential School, Shringeri, Chikkamagaluru District. The petitioner contends that he should be transferred within the District as he is a Group-C employee. He also contends that his transfer is in violation of the transfer guidelines issued by the State Government on 15.06.2023. He contends that his wife is also working in Udupi and that she has given birth to a child on 05.06.2022, therefore, he contends that his presence in Udupi is necessary. He also contends that the distance between Udupi and Chikkamagaluru is 173 Kms and therefore, the impugned transfer of the petitioner is without considering the aforesaid factors. Besides this, he contends that as per the transfer guidelines, the petitioner is entitled to continue in the same

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post for 7 years and hence, the impugned order of transfer is in violation of the transfer guidelines.

The petition is opposed by respondent Nos.2 and 3 who contend that the petitioner has been working in Udupi District from the day he was appointed. It is also contended that the petitioner was not transferred to Aruru under the general transfer, but it was on the request of the petitioner. He contends that there is vacancy in Shringeri and as the petitioner has worked continuously for more than 7 years in the same district, he was liable to be transferred. He also contends that at the time of his appointment, the petitioner was well aware that his appointment is subject to transfer. He further contends that the probationary period of the wife of the petitioner would be declared shortly, in which event she also may be transferred. Therefore, he contends that the petitioner cannot use this to remain in Udupi forever. The learned Additional Government Advocate also supported the submissions of learned counsel for respondent No.1. He therefore, contends that the impugned order is unexceptionable and therefore, the petition does not merit consideration.

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I have considered the submissions of learned

counsel for the petitioner and learned counsel for the respondent Nos.2 and 3.

The respondent No.4 though served with notice has not appeared. It is now stated that respondent No.4 is transferred to Dharwad and that he has taken charge at Dharwad.

As per the transfer guidelines, which is in force, an employee is entitled to request for transfer to a place where his wife / spouse is working and if the distance between the place of his work and the place of work of his spouse cannot be covered by road within one hour. In the case on hand, the petitioner was undoubtedly working in Udupi District from the date of his appointment i.e., 2012. It was on his request, that he was transferred within Udupi District in terms of the order dated 14.06.2022. Therefore, the contention of the petitioner that he was transferred to Aruru under general transfer is incorrect.

Be that as it may , since it is stated by the petitioner

that his wife is also working in the same institution at Udupi

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and that she has given birth to a child, in view of the transfer guidelines stated above, the petitioner is entitled to be continued in the same post. Now that respondent No.4 is transferred to Dharwad where he has assumed charge, continuing the petitioner at the same post would prejudice none.

As stated by learned counsel for respondent Nos.2 and 3 if the probationary period of the wife of the petitioner is declared, it is open for respondent Nos.2 and 3 to transfer the petitioner and his wife to an appropriate place.

In view of the aforesaid, the writ petition is allowed. The impugned order passed by the respondent No.2 is set aside. The respondent No.2 is directed to continue the petitioner at Aruru. It is however open for the respondent No.2 to take such steps as are required after the probationary period of the wife of the petitioner is declared.

Sd/(R. NATARAJ) JUDGE

SS List No.: 1 Sl No.: 7 CT: BHK