- 1 - NC: 2025:KHC:1838 WP No. 25135 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 25135 OF 2024 (S-TR) BETWEEN: SRI VENKATESH S/O LATE SRINIVASAPPA KS AGED ABOUT 56 YEARS WORKING AS ASSISTANT DIRECTOR OF TOWN PLANNING (SOUTH) BRUHAT BENGALURU MAHANAGARA PALIKE COMMERCIAL COMPLEX 9TH CROSS, 2ND BLOCK, JAYANAGAR BENGALURU-560 011. RESIDING AT NO. 89 KANAKAPALYA ROAD KANKAPALYA 2ND BLOCK JAYANAGAR BENGALURU-560 011. …PETITIONER (BY SRI SATISH K & SRI LOKESH M., ADVS.) AND: 1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY TO THE GOVERNMENT DEPARTMENT OF URBAN DEVELOPMENT VIKASA SOUDHA BENGALURU-560 001. 2. BRUHAT BENGALURU MAHANAGARA PALIKE REP. BY ITS CHIEF COMMISSIONER Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1838 WP No. 25135 of 2024 N.R SQUARE BENGALURU-560 002. 3. ADDITIONAL COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE N.R SQUARE, BENGALURU-560 002 4. PRADEEPKUMAR ASSISTANT EXECUTIVE ENGINEER (CIVIL) RAJAGINAGAR SUB-DIVISION BENGALURU- 560 010. …RESPONDENTS (BY SRI. VIGNESHWAR S SHASTRY, SR. COUNSEL FOR SRI PUNITH C., ADV. FOR R4 SRI M.C. NAGASHREE, ADV. FOR R2 & R3) THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS LEADING TO THE OFFICE ORDER BEARING NO.B12 (6) PR/138/24-25 DATED 09.09.2024 (UNDER ANNEXURE-E) PASSED BY THE R-3 AND QUASH OFFICE ORDER BEARING NO. B12 (6) PR/138/24-25 DTD 09.09.2024 (UNDER ANNEXURE-E) ISSUED BY THE R-3 AND GRANT ALL OTHER CONSEQUENTIAL RELIEFS AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT ORAL ORDER The petitioner who is an employee of second respondent-Bruhat Bengaluru Mahanagara Palike (for short “BBMP”) as Assistant Executive Engineer is before this Court under Article 226 of the Constitution of India, questioning the order of transfer dated 09.09.2024 - 3 - NC: 2025:KHC:1838 WP No. 25135 of 2024 (Annexure-E) transferring the petitioner from the post of Assistant Director (Town Planning-South) to work as Assistant Executive Engineer, Rajajinagar sub-Division in place of respondent No.4 and posting respondent No.4 in place of petitioner. 2. The brief facts of the case are that: The petitioner, an Assistant Executive Engineer at J.P.Nagar sub-Division of BBMP was transferred and posted to work as Assistant Director of Town Planning- South by office order dated 10.02.2023 and in pursuance of the said order, the petitioner reported to duty as Assistant Director of Town Planning (South) on 15.02.2023. Respondent No.4 who was working as Assistant Executive Engineer, Banaswadi sub-Division was posted to Rajajinagar sub-Division on 22.08.2024. Under impugned office order dated 09.09.2024 (Annexure-E), the petitioner is transferred from the post of Assistant Director of Town Planning-South to work as Assistant Executive Engineer, Rajajinagar sub-Division in place of - 4 - NC: 2025:KHC:1838 WP No. 25135 of 2024 respondent No.4 and respondent No.4 is posted in place of the petitioner. Questioning the said office order dated 09.09.2024, the petitioner is before this Court. 3. Heard learned counsel Sri.K.Sathish for petitioner, learned Additional Government Advocate Sri.V.Shivareddy for respondent No.1, Smt.M.C.Nagashree, learned counsel for respondent Nos.2 and 3 and Sri.Vigneshwar S Shastri, learned Senior Counsel for Sri.Punith C., learned counsel for respondent No.4. Perused the writ petition papers. 4. Learned counsel Sri.K.Sathish for petitioner would submit that the petitioner who was working as Assistant Executive Engineer in the second respondent-BBMP was posted to work as Assistant Director of Town Planning (South) under Annexure-A office order dated 10.02.2023 and even before the petitioner completing his tenure of 2 years, prematurely the petitioner is transferred and posted in place of respondent No.4 at Rajajinagar sub-Division. It is submitted that transfer of petitioner and posting of respondent No.4 in place of petitioner is contrary to the - 5 - NC: 2025:KHC:1838 WP No. 25135 of 2024 Government Order dated 04.07.2024, the Transfer Guidelines of the Employees of second respondent-BBMP as at Annexure-F. Learned counsel would submit that under the said Government Order, Group-A officers are provided two years tenure and further he submits that if an Officer is to be transferred prematurely, approval of the Urban Development Department would be necessary. It is his submission that in the instant case, transfer of petitioner prematurely is without obtaining approval from the Urban Development Department. In support of his contention, learned counsel places reliance on the decisions of this Court dated 21.10.2022 in W.P.No.19087/2022. Further, learned counsel would submit that the petitioner is being disturbed to accommodate respondent No.4. He submits that respondent No.4 was posted to Banaswadi sub-Division on 27.06.2024 and within two months, again he was posted to Rajajinagar sub-Division. Again under the impugned order, he is posted to work as Assistant Director of Town and Country Planning(South) by disturbing the petitioner. - 6 - NC: 2025:KHC:1838 WP No. 25135 of 2024 Thus, learned counsel would pray for allowing the writ petition and to continue the petitioner to complete his tenure of two years as Assistant Director of Town Planning (South). 5. Per contra, learned counsel Smt.Nagashree for respondent Nos.2 and 3 would submit that the impugned order of transfer is issued to comply the order of this Court passed in W.P.No.8457/2024 dated 22.07.2024, wherein this Court directed consideration of representation of respondent No.4 to accommodate him to the post indicated by him in his representation. Further, learned counsel would submit that the transfer is effected in administrative exigencies and further it is submitted that the petitioner would complete his tenure within another 20 days. Thus, it is prayed for dismissal of the writ petition. 6. Learned senior counsel Sri.Vigneshwara Shastry appearing for respondent No.4 would submit that the petitioner would complete his tenure within another 20 days. Moreover, he submits that the petitioner has - 7 - NC: 2025:KHC:1838 WP No. 25135 of 2024 already reported to duty at transferred place on 04.10.2024 and working in the said post. Further, learned senior counsel would point out that the post of Assistant Director of Town Planning is to be filled by deputation of an officer in the cadre of Assistant Director of Town and Country Planning from the Department of Town and Country Planning. Therefore, he submits that the petitioner has no right to seek posting as Assistant Director of Town and Country Planning. Thus, he prays for dismissal of the writ petition. 7. Learned senior counsel Sri.Vigneshwara Shastry places reliance on the decision of the Division Bench of this Court in W.P.No.17670/2023 dated 24.11.2023 and contends that since the petitioner has no right to claim posting as Assistant Director of Town and Country Planning, he would not possess locus to challenge the transfer and posting of the petitioner as Assistant Director of Town and Country Planning. Thus, he prays for dismissal of the writ petition. - 8 - NC: 2025:KHC:1838 WP No. 25135 of 2024 8. Having heard the learned counsel for the parties and on perusal of the writ petition papers, the only point which falls for consideration is as to whether the impugned order of transfer requires interference at the hands of this Court? Answer to the above point would be in the negative for the following reasons and the order of transfer would not require interference by this Court, but both the petitioner as well as respondent No.4 cannot hold the post of Assistant Director of Town Planning in terms of Cadre and Recruitment Rules of the second respondent-BBMP, published under Notification dated 16.03.2020. As such, respondent No.4 shall also have to be posted out of the post of Assistant Director of Town Planning. 9. The post of Assistant Director of Town Planning shall have to be filled in accordance with the Cadre and Recruitment Rules dated 16.03.2020 by deputation. An officer in the cadre of Assistant Director of Town and Country Planning from the Department of Town and - 9 - NC: 2025:KHC:1838 WP No. 25135 of 2024 Country Planning could hold the post of Assistant Director of Town and Country Planning in BBMP on deputation. 10. Learned counsel Sri.K.Sathish contended that the transfer of petitioner is premature, since the petitioner has not completed his tenure of two years in terms of Government Order dated 04.07.2024 and that the premature transfer is not approved by the Urban Development Department. The Government Order dated 04.07.2024 regulates the transfer of employee of second respondent-BBMP. Group-A officers are provided tenure of two years under the said Government Order. Further, it would also state that, to effect premature transfer approval of the Department of Urban Development would be necessary. But the question is as to whether both the petitioner and respondent No.4 could hold or occupy the post of Assistant Director of Town and Country Planning, BBMP in terms of Notification dated 16.03.2020, which published Rules, called Bruhat Bengaluru Mahanagara Palike (General) (Cadre and Recruitment of Officers and - 10 - NC: 2025:KHC:1838 WP No. 25135 of 2024 Employees) Rules, 2020 (for short “2020 Rules”). In terms of the above Rules, the post of Assistant Director of Town and Country Planning is Encadred to be filled up by deputation of persons from the Department of Town and Country Planning. The relevant portion of Cadre and Recruitment Rules relating to Assistant Director of Town and Country Planning in BBMP reads as follows: Assistant Director of Town and Country Planning (Encadred) (Rs.52650-97100) By deputation of an officer in the cadre of Assistant Director of Town and Country Planning from the Department of Town and Country Planning. 11. A reading of the above makes it abundantly clear that the post of Assistant Director of Town and Country Planning is encadred and number of posts is indicated as “7”. The post of Assistant Director of Town and Country Planning is to be filled by deputation of an officer in the cadre of Assistant Director of Town and Country Planning from the Department of Town and Country Planning. The transfer and posting of petitioner as well as respondent No.4 is contrary to 2020 Rules. Other than the Assistant - 11 - NC: 2025:KHC:1838 WP No. 25135 of 2024 Director belonging to the Department of Town and Country Planning, could not be posted to work as Assistant Director of Town and Country Planning. The post of Assistant Director of Town and Country Planning in BBMP could be filled up by deputation of an officer in the cadre of Assistant Director of Town and Country Planning from the Department of Town and Country Planning. Both, petitioner and respondent No.4 are Assistant Executive Engineers belonging to second respondent-BBMP and they could not be posted to work as Assistant Director of Town and Country Planning in BBMP. 12. Learned counsel Sri.K.Sathish submits that, though 2020 Cadre and Recruitment Rules shows the cadre strength of Assistant Director of Town and Country Planning as “7”, additional posts of Assistant Director of Town and Country Planning are created and to the said post, the Assistant Executive Engineer belonging to BBMP could be posted to work as Assistant Director of Town and Country Planning. Even if additional posts of Assistant - 12 - NC: 2025:KHC:1838 WP No. 25135 of 2024 Director of Town and Country Planning are created, the same shall have to be filled up only as prescribed under 2020 Rules by deputation of officers in the cadre of Assistant Director of Town and Country Planning from the Department of Town and Country Planning. Since the Assistant Directors of Town and Country Planning in the Department of Town and Country Planning possess specialized qualification in Town Planning, whereas Assistant Executive Engineers of BBMP would lack specialization in Town Planning. Hence, the post of Assistant Director of Town Planning in BBMP is encadred. In the light of the method of filling up of the post of Assistant Director of Town Planning prescribed under 2020 Rules, both petitioner and Respondent No.4 would not be entitled to hold the post of Assistant Director of Town Planning in BBMP. 13. For the reasons recorded above, the following order: (i) The writ petition stands rejected. - 13 - NC: 2025:KHC:1838 WP No. 25135 of 2024 (ii) Respondent Nos.1 and 2 are directed to fill up the posts of Assistant Director of Town and Country Planning in the second respondent-BBMP strictly in accordance with 2020 Rules. (iii) Respondent No.4 shall be provided separate posting as Assistant Executive Engineer, within two weeks from the date of uploading this order in the official website of High Court of Karnataka. SD/- (S.G.PANDIT) JUDGE MPK CT:bms List No.: 1 Sl No.: 8