- 1 - NC: 2025:KHC:2265 WP No. 20326 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 20326 OF 2024 (S-TR) BETWEEN: DR. SHAKUNTHALA BAI, W/O SRI OMKAR NAIK AGED ABOUT 58 YEARS, WORKING AS SENIOR ENVIRONMENTAL OFFICER, HEAD OFFICE CHURCH STREET, BENGALURU, R/AT NO.342, GFB, RAJESHWARI CROWN 7TH CROSS, IDEAL HOMES R R NAGAR, BENGALURU-560098. …PETITIONER (BY SRI. VIJAYA RAGHAVA SARATHY H. M., AND SRI KRISHNA B., ADVS. AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FOREST, ENVIRONMENT AND ECOLOGY, M S BUILDING BANGALORE - 560001. 2. THE KARNATAKA STATE POLLUTION CONTROL BOARD REP. BY ITS MEMBER SECRETARY, PARISARA BHAVAN 1ST TO 5TH FLOOR, NO.49 CHURCH STREET, BENGALURU-560001. 3. THE CHIEF ADMINISTRATIVE OFFICER THE KARNATAKA STATE POLLUTION Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2265 WP No. 20326 of 2024 CONTROL BOARD, PARISARA BHAVAN 1ST TO 5TH FLOOR, NO.49 CHURCH STREET BENGALURU-560001. …RESPONDENTS (BY SRI NAVEEN CHANDRASHEKHAR, AGA FOR R1 SRI MAHESH CHOWDRY, ADV. FOR R2 & R3) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED OFFICIAL MEMORANDUM BEARING NO.MA.NE.MA 50 AA.DA.A 2024/687 DATED 15.07.2024 (ANNX-A) ISSUED BY THE R-2 IN SO FAR AS IT PERTAINS TO TRANSFER OF THE PETITIONER FROM THE POST OF SENIOR ENVIRONMENTAL OFFICER, HEAD OFFICE BENGALURU TO DHARWAD AS SI.NO.2 IS CONCERNED AND CONSEQUENTLY QUASH THE IMPUGNED OFFICIAL MEMORANDUM BEARING NO.MA.NE.MA 50 AA.DA.A 2024/724 DATED 19.07.2024 (ANNX-B) IN SO FOR AS RELIEVING THE PETITIONER AS SENIOR ENVIRONMENTAL OFFICE, KARNATAKA POLLUTION CONTROL BOARD, HEAD OFFICE AS PER SI.NO.2 IS CONCERNED AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT ORAL ORDER The petitioner, Senior Environmental Officer of second respondent-Karnataka State Pollution Board is before this Court in this writ petition, questioning O.M. dated 15.07.2024 (Annexure-A) whereunder the petitioner is transferred from Central Office at Bengaluru to Regional Office at Dharwad to work as such. - 3 - NC: 2025:KHC:2265 WP No. 20326 of 2024 2. Learned counsel for the petitioner Sri.V.R.Sarathy would submit that the petitioner is due to retire on 30.06.2026 and in terms of transfer Policy dated 25.06.2024 of the Government, a Board servant who is due to retire could seek for continuation at a place of his/her choice. Learned counsel would submit that the petitioner under her representation dated 16.07.2024 requested to continue her at Central Office, Bengaluru since she is retiring within another two years. The said representation is not considered and the same is pending before the second respondent-Board. 3. A perusal of the Government Order dated 25.06.2022 which regulates transfer of a Government Servant, adopted by the second respondent-Board, provides for continuation of an employee who is due to retire within another two years in a place of his/her choice. In the instant case, the petitioner is transferred and posted as Senior Environmental Officer from Central Office, Bengaluru to Regional Office at Dharwad. On the next - 4 - NC: 2025:KHC:2265 WP No. 20326 of 2024 date, the petitioner submitted a representation dated 16.07.2024 requesting to continue her at Bengaluru since she is retiring within another two years. The said representation is not considered and the same is pending. The respondents have an obligation to consider the said representation in the light of the Government Order dated 25.06.2024. 4. This Court, by interim order dated 31.07.2024 directed the respondents not to disturb the services of the petitioner. Accordingly, it is submitted that the petitioner is continued as Senior Environmental Officer at Central Office, Bengaluru. 5. In the light of the above, the following order: (i) The writ petition stands disposed of. (ii) Respondent No.2 is directed to consider petitioner’s representation as at Annexure-G dated 16.07.2024 in the light of the Government Order dated 25.06.2024 (Annexure-E) as well as decision of this Court - 5 - NC: 2025:KHC:2265 WP No. 20326 of 2024 in W.P.No.24572/2015 disposed of on 22.07.2015 and pass appropriate order. (iii) Till the petitioner’s representation is considered and order is passed, interim order granted on 31.07.2024 would enure to the benefit of the petitioner. Sd/- (S.G.PANDIT) JUDGE MPK CT:bms List No.: 1 Sl No.: 57