POORNACHANDRA TEJASWI Vs. DIRECTOR ADMINISTRATION AND HUMAN RESOURCES
LAWS(KAR)-2022-6-134
HIGH COURT OF KARNATAKA
Decided on June 30,2022

Poornachandra Tejaswi Appellant
VERSUS
Director Administration And Human Resources Respondents

JUDGEMENT

- (1.)The petitioner has sought for issuance of writ of certiorari to set aside the order dtd. 31/5/2022 at Annexure-'F', whereby the petitioner has been transferred and posted to I.C.I. & M.I.S. Sec. , Corporate Office, BESCOM, K.R.Circle, Bengaluru from the existing place of work, i.e. at O&M, E-3 Sub-Division, BESCOM, Shivajinagar Division, Bengaluru.
(2.)It is submitted that the respondent No.4 has been posted to the place of petitioner. The petitioner submits that he is due to retire on 31/3/2023, which fact is not in dispute. It is the contention of the petitioner that while passing the order of transfer, the respondent Nos.1 to
(3.)ought to have taken note of the possibilities of extension of tenure in terms of Clause 9(a)(i) of the Transfer Guidelines 2013, and also considering the aspect that the petitioner is physically challenged or disabled, which would be a relevant factor for consideration of extension of his tenure and retention in terms of Clause 9(a)(vii). In this regard, reliance is placed on the order of Co-ordinate Bench dtd. 22/7/2015 in W.P.No. 24572/ 2015 [C.Vasudeva v. The State of Karnataka and Others ] and the order dtd. 29/11/2021 in W.P.No.19379/ 2021 [Anitha.C v. The Managing Director, KPTCL & Others ], while contending that retention ought to be a rule where an employee is to retire within two years, unless there are extraordinary circumstances justifying the non-retention. 3. Learned counsel appearing for respondent Nos.1 to 3 submits that the correct interpretation of Clause 9(a)(i) would be that the petitioner upon making a representation would be entitled for extension of tenure after following the procedure under Clause 9(a), which would apply to premature transfer. It is further contended that there may have been administrative considerations also in passing the impugned orders.


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