KADUGODI POST v. (BY SRI. M ASWATHANARAYANA REDDY, ADVOCATE)

#1. SRI HARISH REDDY C S/O. CHENGA REDDY Y.R.. AGED ABOUT 33 YEARS, WORKING AS EXECUTIVE TECHNICAL (GROUP-C), CONTAINER FREIGHT ZONE, STATION 5TH ROAD, NO.2A VIJAYANAGAR, WHITEFIELD BENGALURU-560066. R/AT VENKATESHWARA NILAYA' 1ST FLOOR, 4TH CROSS, 2ND HOUSE, TIRUMALA BAKERY ROAD, CHANNASANDRA, KADUGODI POST, BENGALUR-560 067. …PETITIONER (BY SRI.M.D.KRUPESH, ADVOCATE) AND:

#1. CENTRAL WARE HOUSING CORPORATION (A GOVERNMENT OF INDIA UNDERTAKING) REPRESENTED BY ITS MANAGING DIRECTOR Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - NC: 2026:KHC:23831 WP No. 10812 of 2026 HC-KAR WARE HOUSING BHAVAN, 4/1, SIRI INSTITUTIONAL AREA, AUGUST KRANTI MARGA, HAUZ KHAZA, NEW DELHI-110016

#2. THE REGIONAL OFFICE CENTRAL WAREHOUSING CORPORATION, REGION MANAGER (ADMIN AND ESTT) REGIONAL OFFICE, LF-10, CIRCULAR ROAD, SARSWATHIPURAM ADJACENT TO R.B.I QUARTERS, NANDINI LAYOUT, BENGALURU - 560 096.

#3. THE CENTRAL WAREHOUSING CORPORATION, REPRESENTED BY ITS MANAGER, CONTAINER FREIGHT STATION, 5TH ROAD, NO-2A, VIJAYANAGAR, EPIP ZONE, WHITEFIELD, BENGALURU - 560 066. (BY SRI. M ASWATHANARAYANA REDDY, ADVOCATE) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS RELATING TO THE IMPUGNED ORDER OF TRANSFER BEARING NO.E-105/RO BLR TOUR/2025-26 DATED 27.02.2026 PASSED BY THE 2ND RESPONDENT AS PER ANNEXURE-D IS CONCERNED AND THE RELIEVING ORDER BEARING NO.CWC/CFS/WFD/ESTT/2025-26/194 DATED 30.03.2026 AS PER ANNEXURE-H AND PERUSE AND WRIT IN THE NATURE OF CERTIORARI TO QUASH THE SAME AS CONTRARY TO THE TRANSFER GUIDELINES DATED 08.10.2022 ANT CLAUSE 12.1 AND 14 (ANNX-K) AND THE ABOVE IMPUGNED ORDERS ARE ILLEGAL, ARBITRARY AND AGAINST TO THE ARTICLE 14 IN SO FAR AS PETITIONER - 3 - NC: 2026:KHC:23831 WP No. 10812 of 2026 HC-KAR AND 16 OF THE CONSTITUTION OF INDIA, IN THE INTEREST OF JUSTICE AND EQUITY AND DIRECT THE RESPONDENTS TO CONTINUE THE PETITIONER IN THE PRESENT PLACE i.e., AT CFS, WHITEFIELD, BENGALURU, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner seeks the following reliefs: [a] Call for the records relating to the impugned order of transfer bearing No.E-105/RO BLR Tour/2025-26 dated 27.02.2026 passed by the 2nd respondent as per Annexure-D in so far as petitioner is concerned and the relieving order no.CWC/CFS/WFD/Estt/2025-26/194 bearing dated 30.03.2026 as per annexure-H and peruse and writ in the nature of certiorari to quash the same as contrary to the transfer guidelines dated 08.10.2022 Clause 12.1 and 14 (Annx-K) and the above impugned orders are illegal, arbitrary and against to the Article 14 and 16 of the Constitution of India, in the interest of justice and equity. [b] Direct the respondents to continue the petitioner in the present place i.e., at CFS, Whitefield, Bengaluru, in the interest of justice and equity. - 4 - NC: 2026:KHC:23831 WP No. 10812 of 2026 HC-KAR

#2. Heard the learned counsel for the parties and perused the material on record.

#3. In addition to reiterating the various contentions urged in the petition and referring to the material on record, the learned counsel for the petitioner invited my attention to the Transfer Guidelines at Annexure -K framed by the respondents in order to point out that Clause 14.1 enables the petitioner to request the respondents not to transfer the petitioner or his dependent family member to a place where treatment for an illness/disease of the petitioner or his dependent family member is not available. In this context, he invited my attention to the medical records pertaining to the petitioner's mother - Smt. Krishnamma L in order to contend that despite the serious nature of the disease/illness/ailment of the petitioner's mother - Smt. Krishnamma L, the respondents have proceeded to reject the request of the petitioner on the ground that he was fit and able to be relocated and transferred to Bidar as per impugned transfer order without considering ailment/disease/illness of the petitioner as can be seen from the medical records and as such, the respondents may be directed to reconsider the request of the petitioner for retention at Bangalore in - 5 - NC: 2026:KHC:23831 WP No. 10812 of 2026 HC-KAR terms of Clause 14.1 of the Transfer Policy. Clause 14 of the Transfer Policy reads as under:

14.1 If an employee or his/her dependent family member, is suffering from chronic disease such as Cancer, Tuberculosis, Mental/Physical disorder, etc. for which treatment is not available at the place of posting, shall be considered for transfer to a place where such treatment is available on the basis of the Medical Certificate from Medical Board specifying the nature and duration of the disease and continuance of the medical treatment.

#4. Per contra, learned counsel for the respondents on instructions submits that the respondents would reconsider the request of the petitioner light of his mother's ailment/disease/illness in terms of Clause 14.1 of the Transfer Policy and take an appropriate decision this regard as expeditiously as possible.

#5. In view of the aforesaid facts and circumstances, I deem it just and appropriate to dispose of this petition by issuing certain directions.

#6. The writ petition is hereby disposed of. The respondents are directed to reconsider the request of the petitioner for retention at Bangalore without being transferred to Bidar by - 6 - NC: 2026:KHC:23831 WP No. 10812 of 2026 HC-KAR taking into account the illness/disease/ailment of the petitioner's mother - Smt. Krishnamma L and by following the procedure prescribed under Clause 14.1 of the Transfer Policy and take appropriate decision/pass appropriate orders within a period of two weeks from the date of receipt of a copy of this order. It is further directed that till the respondents take appropriate decisions/pass appropriate orders as stated supra, the petitioner shall not be relieved from his post at Bangalore without prejudice to the rights and contentions of the parties. Subject to the aforesaid directions, the petition stands disposed of. Sd/- (S.R.KRISHNA KUMAR) JUDGE SA List No.: 1 Sl No.: 39