Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:18547 WP No. 15131 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 15131 OF 2025 (S-TR) BETWEEN:
SRI R SURESH S/O SRI R RAMULU AGED ABOUT 47 YEARS RESIDING AT STAFF QUARTERS 128/4 RASHTRIYA MILITARY SCHOOL BENGALURU PB NO-25040 MUSEUM ROAD PO OPP. JOHNSON MARKET RICHMOND TOWN BANGALORE 560025 …PETITIONER (BY SRI. NISHAN UNNI P., ADVOCATE) AND:
1. UNION OF INDIA REPRESENTED BY ITS SECRETARY MINISTRY OF DEFENSE 101 A SOUTH BLOCK NEW DELHI 110011.
2. THE DY DIRECTOR APVL-4 (CIV), GOVT. OF INDIA MINSITRY OF DEFENCE ROOM NO.752 A WING SENA BHAVAN NEW DELHI-110011.
Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA
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HC-KAR NC: 2025:KHC:18547 WP No. 15131 of 2025
3. THE PRINCIPAL RASHTRIYA MILITARY SCHOOL PB 25040, MUSEUM ROAD P.O.
HOSUR ROAD, BENGALURU 560025. …RESPONDENTS (BY SRI.B S VENKATA NARAYANA., ADVOCATE FOR R1 & R2: SRI H.SHANTHI BHUSHAN, DSGI FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER DATED: 13.05.2025 BEARING NO.
53103/TRANSFER/RMS/GS/MT-7 ISSUED BY THE R-2 TRANSFERRING THE PETITIONER FROM BANGALORE RMS TO RMS DHOLPUR IN RAJASTHAN VIDE ANNEXURE-K AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
ORAL ORDER This writ petition is filed under Article 226 of the Constitution of India challenging the
order dated 13.05.2025 passed by respondent No.2 transferring the petitioner from Bangalore RMS to RMS Dholpur in Rajasthan.
2. At the outset, the learned Central Government Standing Counsel appearing for the respondent No.3 has raised a preliminary objection that the writ petition is not
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HC-KAR NC: 2025:KHC:18547 WP No. 15131 of 2025
maintainable, in respect of service matters of the Central Government, the petitioner has to approach the Central Administrative Tribunal.
3. The grievance in respect of ‘service matters’ cannot be a subject-matter of adjudication at the hands of a writ court, as the court of first instance, in the light of the decision of the Apex Court in the case of L.CHANDRAKUMAR vs. UNION OF INDIA reported in 1997 (2) SCR 1186, as rightly contended by the learned Central Government Standing Counsel appearing for respondent No.3.
4. In view of the above, this writ petition stands
disposed of, reserving liberty to the petitioner to approach the Central Administrative Tribunal, if he is so advised, in accordance with law.
5. The learned Central Government Standing Counsel is permitted to file Memo of Appearance within four weeks.
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HC-KAR NC: 2025:KHC:18547 WP No. 15131 of 2025
In view of disposal of the petition, all pending applications stand disposed of.
Sd/- (H.T. NARENDRA PRASAD) JUDGE
CM LIST NO.: 1 SL NO.: 9