Writ Petition No. 6322 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:14128 WP No. 6322 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 6322 OF 2025 (S-TR) BETWEEN: H.Z. AMREEN KHANUM W/O RAHEEM KHAN AGED ABOUT 37 YEARS SENIOR HEALTH INSPECTOR C.M.C. HARIHARA NOW WORKING ON DEPUTATION AT JAGALURU TOWN PANCHAYATH JAGALURU-577528 DAVANAGERE DISTRICT. (BY SRI. VIJAYAKUMAR S C., ADVOCATE) …PETITIONER AND: Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA 1. THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT REPRESENTED BY ITS SECRETARY VIKASASOUDHA, AMBEDKAR VEEDI BENGALURU-01 2. THE DIRECTOR DIRECTORATE OF MUNICIPAL ADMINISTRATION VISVESVARAYA TOWER AMBEDKAR VEEDI BENGALURU-01. 3. THE DEPUTY COMMISSIONER DAVANGERE DISTRICT DAVANGERE-577002 - 2 - NC: 2025:KHC:14128 WP No. 6322 of 2025 4. THE COMMISSIONER CITY MUNICIPAL COUNCIL HARIHARA 577601 DAVANGERE DISTRICT. 5. THE CHIEF OFFICER JAGALURU TOWN PANCHAYATH JAGALURU-577528, DAVANGERE DISTRICT. 6. ALTHAMASH S/O NOORAHMAD AGED ABOUT 45 YEARS SENIOR HEALTH INSPECTOR CITY MUNICIPAL COUNCIL HAVERI-581110, HAVERI DISTRICT. …RESPONDENTS
Legal Reasoning
SRI. H.K.KENCHEGOWDA, (BY ADVOCATE FOR RESPONDENT NOS.1 TO 3; ADDITIONAL GOVERNMENT SRI. M.R.PATIL, ADVOCATE FOR RESPONDENT NO.4; SRI. RAVINDRANATHA K., ADVOCATE FOR CAVEATOR/RESPONDENT NO.6) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER BEARING NO. UDD/62/VIMA/2024 DATED 20.02.2025 AND CORRIGENDUM BEARING NO. UDD/62/VIMA/2024 DATED 25.02.2025 PASSED BY THE 1ST RESPONDENT AS PER ANNEXURE-F AND G RESPECTIVELY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:14128 WP No. 6322 of 2025 CORAM: HON'BLE MR JUSTICE R. NATARAJ ORAL ORDER The petitioner has challenged an order of transfer bearing No.UDD/62/VIMA/2024 dated 20.02.2025 and the corrigendum bearing No.UDD/62/VIMA/2024 dated 25.02.2025 by which, the respondent No.6 was posted at the place of the petitioner and she was directed to report to the Head Office for posting. 2. (i) The petitioner contends that she was appointed as a Junior Health Inspector on 08.08.2019 and was posted to work at the office of the respondent No.4. The petitioner delivered a child soon thereafter and hence, made a representation dated 19.08.2019 requesting the respondent No.3 to depute her service to respondent No.5, so that she can look after the kid. Consequent thereto, the respondent No.3 passed an order deputing the petitioner to the office of the respondent No.5. Thereafter, she was promoted in terms of an order dated 03.01.2024 as a Senior Health Inspector and was transferred to serve at City Municipal Council (henceforth referred to as ‘CMC’), Kolar. (ii) She claimed that her son was suffering from Chronic Tonsillitis and therefore, she made a request to the - 4 - NC: 2025:KHC:14128 WP No. 6322 of 2025 respondent No.1 to transfer her to a nearby native town so that she could look after her minor son. The respondent No.1 then passed an order dated 15.03.2024 transferring the petitioner to an existing post at Harihar. The petitioner claimed that she reported to duty on 16.03.2024. (iii) While she was discharging duties, an order dated 04.09.2024 was passed by respondent No.3 deputing the petitioner at the office of the respondent No.5. While the petitioner was discharging duties at the respondent No.5, an order dated 20.02.2025 was passed "deputing" the respondent No.6 to the office of the respondent No.4 and directed the petitioner to report before the competent authority for posting. Thereafter, a corrigendum was issued on 25.02.2025 to read the "deputation" of the respondent No.6 as a "transfer". 3. Being aggrieved by the same, the petitioner is before this Court. 4. Learned counsel for the petitioner submits that the petitioner was transferred from Kolar to Harihar on 15.03.2024 and therefore, the petitioner was entitled to continue for a minimum tenure of four years as per the transfer guidelines. He also contends that the respondent No.6 had obtained an - 5 - NC: 2025:KHC:14128 WP No. 6322 of 2025 order of transfer by filing a representation before a Minister claiming that the post at Harihar was vacant, though the petitioner was working as a Senior Health Inspector at Harihar. He therefore contends that the impugned order to transfer the respondent No.6 is malafide and there is no administrative reason to transfer the petitioner prematurely. 5. The writ petition is opposed by the respondent No.6, who contends that the petitioner was transferred to Kolar after promotion as a Senior Health Inspector in terms of an order dated 03.01.2024. On the request of the petitioner, she was transferred temporarily/until further orders to the respondent No.4 on 15.03.2024. It is contended that this order dated 15.03.2024 was a temporary arrangement and the petitioner is therefore not entitled to challenge the order of transfer of the respondent No.6. It is contended that on 04.09.2024 an order was passed by the respondent No.3 in terms of which, the petitioner was temporarily transferred to Jagaluru. It is contended that these arrangements were made for temporary purposes only. Therefore, it is contended that all transfers made to the petitioner are specifically for temporary purposes and not in the usual course. It is contended that the - 6 - NC: 2025:KHC:14128 WP No. 6322 of 2025 wife of the respondent No.6 is unwell and considering his request after obtaining the permission of the Hon’ble Chief Minister, the order dated 20.02.2025 was passed transferring the respondent No.6 to the place of the petitioner which was vacant, as the petitioner was then posted to work at Jagaluru. Therefore, it is contended that the petitioner cannot claim that she has a right to continue at Harihar indefinitely. 6. Learned counsel for the respondent No.6 contended that the petitioner’s appointment was at Harihar as a Junior Health Inspector. He contends that even though the petitioner was appointed as a Junior Health Inspector at Harihar, on her request, she was posted at Jagaluru and she worked at Jagaluru until she was promoted as Senior Health Inspector and posted at Kolar. He contends that after the petitioner made a request for her posting to Harihar, an order dated 15.03.2024 was passed transferring the petitioner on a temporary basis to Harihar. He contends that even after the petitioner was posted at Harihar, she made a request for deputation to Jagaluru and on her request, an order dated 04.09.2024 was passed deputing her to Jagaluru, though, there was no post of Senior Health Inspector at Jagaluru. He therefore contends that the - 7 - NC: 2025:KHC:14128 WP No. 6322 of 2025 post at Harihar was vacant and the respondent No.6 was rightly transferred to the vacant post at Harihar. 7. The learned Additional Government Advocate submitted that the impugned order of transfer was just and proper, as the post at Harihar was vacant, as petitioner was not working at Harihar, though her lien was at Harihar, but working at Jagaluru. He also contends that the transfer of the respondent No.6 was after obtaining the approval from the Hon’ble Chief Minister. 8. I have considered the submissions of the learned counsel for the petitioner and the learned Additional Government Advocate for the respondents as well as the learned counsel for the respondent No.6. 9. It appears that the petitioner was initially appointed as a Junior Health Inspector at City Municipal Council, Harihar. However, since she had mothered a child, on her request she was deputed to work at Jagaluru Town Panchayat. However, her lien continued in Harihar City Municipal Council. After her promotion as a Senior Health Inspector, she was transferred to Kolar on 03.01.2024. Thereafter, she again made a request for - 8 - NC: 2025:KHC:14128 WP No. 6322 of 2025 a transfer to Harihar to look after her child. The respondents transferred the petitioner to Harihar on 15.03.2024 until "further orders". The petitioner instead of working at Harihar, got herself deputed to Town Panchayath Jagaluru, though there was no post of Senior Health Inspector at Town Panchayath, Jagaluru. The respondent No.6 is now sought to be posted at CMC Harihar, the place where the petitioner was posted. 10. As rightly contended by the learned counsel for the petitioner, that the petitioner was entitled to a secure tenure of four years at Harihar as per the transfer guidelines. The claim of the learned counsel for the respondent No.6 that the transfer and posting of the petitioner at Harihar was on a temporary basis is not justified, as the petitioner had made a request for her transfer from Kolar to Harihar and therefore, the petitioner was entitled to continue in Harihar till the minimum tenure had expired. Therefore, the impugned order posting the respondent No.6 to the place of the petitioner is not justified but is at the instance of a Minister who had forwarded the request of the respondent No.6 for transfer to Harihar. There does not seem to be any administrative reason for the transfer of the respondent No.6 to Harihar as a Senior Health Inspector. - 9 - NC: 2025:KHC:14128 WP No. 6322 of 2025 Therefore, the impugned order passed by the respondent No.1 transferring the respondent No.6 to the place of the petitioner warrants interference. 11. Consequently, the writ petition is allowed and the impugned order transferring the respondent No.6 to the place of the petitioner at CMC, Harihar is quashed. However, the respondent No.5 is directed to recall the services of the petitioner to CMC, Harihar. It is made clear that under no circumstances, the petitioner shall be permitted to work at Town Panchayath Jagaluru where there is no post of a Senior Health Inspector. Sd/- (R. NATARAJ) JUDGE BKN List No.: 1 Sl No.: 7