- 1 - NC: 2025:KHC:5484 WP No. 31489 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 31489 OF 2024 (S-TR) BETWEEN: RAMESH G S S/O LATE SHANKARAPPA AGED ABOUT 46 YEARS, WORKING AS JUNIOR ENGINEER, STORE KEEPER, DIVISIONAL STORE, CESCOM, SAKALESHPURA-573 134. …PETITIONER (BY MISS. M.L. SUVARNA, ADV. FOR SRI. PUTTE GOWDA K., ADV.) AND: 1. THE DIRECTOR (ADMIN AND HR) THE KARNATAKA POWER TRANSMISSION CORPORATION LIMITED, REP. CORPORATE OFFICE, CAUVERY BHAVAN, BANGALORE-560 009. 2. CHAMUNDESHWARI ELECTRICITY SUPPLY COMPANY LTD, REP. BY ITS MANAGING DIRECTOR, CORPORATE OFFICE, VIJAYANAGAR, MYSORE-570 017. Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5484 WP No. 31489 of 2024 3. THE SUPERINTENDING ENGINEER, OPERATIONS AND MAINTENANCE CIRCLE, CESCOM, SAKALESHPURA-573 201. 4. LOKESH, AGED ABOUT 40 YEARS, WORKING AS JUNIOR ENGINEER (ELEC), HETTUR SECTION, O AND M SUB-DIVISION, CESCOM, HASSAN DISTRICT-573123. …RESPONDENTS (BY SMT. RAKSHITHA D. J., ADV. FOR R1 SRI GURUPRASANNA S., ADV. FO R4) THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS LEADING TO THE OFFICIAL MEMORANDUM DATED 11/11/2024 ISSUED BY THE R2 AND QUASH THE IMPUGNED OFFICIAL MEMORANDUM DATED 11/11/2024 BEARING NO. KAVIPRANINI/OOPRAVA(C)/VYA(C1)/ B59/ 48/2024 (ANNEXURE-G TO THE WP) ISSUED BY THE R2 BY ISSUING A WRIT AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT - 3 - NC: 2025:KHC:5484 WP No. 31489 of 2024 ORAL ORDER The petitioner working as Junior Engineer in the respondent-Chamundeshwari Electricity Supply Company Limited (for short “CHESCOM”) is before this Court under Article 226 of the Constitution of India, questioning the O.M. dated 11.11.2024 (Annexure-G) by which, the petitioner is transferred from Sakaleshpura to Hettru. 2. Heard learned counsel Smt.M.L.Suvarna for Sri.K.Putte Gowda, learned counsel for the petitioner, Smt.Rakshitha D.J. learned counsel for respondent Nos.1 to 3 and Sri.Guruprasanna S, learned counsel for respondent No.4. Perused the writ petition papers. 3. Learned counsel for the petitioner would submit that, no doubt the petitioner has completed his tenure at Sakaleshpura, but the transfer order under Annexure-G dated 11.11.2024 is subsequent to the period of transfer which requires the approval of the Chief Minister. Learned counsel would submit that in the instant case, admittedly, no approval of the Chief Minister is obtained for transfer of - 4 - NC: 2025:KHC:5484 WP No. 31489 of 2024 the petitioner and placing respondent No.4 in his place subsequent to completion of transfer period. In that regard, learned counsel invites attention of this Court to the Government Order dated 25.06.2024 wherein transfer guideline which is adopted by respondent- CHESCOM. Apart from the above ground, learned counsel for the petitioner would submit that children of the petitioner are studying at Sakaleshpura and transfer in the middle of the academic year would affect their studies. Since the transfer is beyond the transfer period without approval of the Chief Minister, learned counsel would pray for allowing the writ petition. 4. Per contra, learned counsel Smt.Rakshitha D.J. for respondent Nos.1 to 3 would submit that the transfer of the petitioner and posting of respondent No.4 under O.M. dated 11.11.2024 is approved by the concerned Minister and she admits that no approval of the Chief Minister was obtained. Learned counsel files a memo dated 06.02.2025 - 5 - NC: 2025:KHC:5484 WP No. 31489 of 2024 enclosing note sheet in respect of the impugned order which indicates approval of concerned Minister for Energy. 5. Learned counsel Sri.Guruprasanna appearing for respondent No.4 would submit that since the petitioner has completed his tenure at Sakaleshpura, he is liable for transfer. Further, it is submitted that it is routine transfer and if the said transfer is approved by the concerned Minister it would be sufficient. Learned counsel submits that respondent No.4 had requested for transfer to Sakaleshpura from Hettur since his son who is aged about 2 years is suffering from medical difficulties and also his wife needs treatment at Hassan. Learned counsel would further submit that the respondent-CHESCOM is effecting transfers day in and day out in routine procedure and those transfers are being obeyed. In that circumstance, learned counsel prays for dismissal of the writ petition. 6. 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 O.M. - 6 - NC: 2025:KHC:5484 WP No. 31489 of 2024 dated 11.11.2024 effecting transfer of petitioner from Sakaleshpura to Hettur and posting respondent No.4 in the place of petitioner requires interference at the hands of this Court? 7. Answer to the above point would be in the affirmative and the impugned order requires interference at the hands of this Court. It is an admitted fact that the petitioner has completed his tenure at Sakaleshpura. In terms of transfer guidelines under Government Order dated 25.06.2024 (Annexure-D) the general transfer period was up to 31.07.2024. Clause 5(3) of the Government Order dated 25.06.2024 requires approval of the Chief Minister if the transfer is after the general transfer period. In the instant case, learned counsel for respondent Nos.1 to 3 submits that the transfer is not approved by the Chief Minister and it is approved by the concerned Minister only and to that effect, note sheet is filed along with memo dated 06.02.2025. In an identical circumstance in - 7 - NC: 2025:KHC:5484 WP No. 31489 of 2024 W.P.No.36173/2024 disposed of on 29.01.2025 at paragraph 11, this Court has held as follows: “A co-ordinate bench of this Court in W.P.No.19087/2022 disposed of on 21.10.2022 has observed that for premature transfer and transfer effected subsequent to the period of General Transfers, prior approval of Chief Minister would be mandatory. It is also to be noticed that the present Transfer guidelines dated 25.06.2024 is in supercession of earlier Transfer Guidelines under Government Order dated 07.06.2013. The Government Order dated 07.06.2013 which had laid down guidelines for transfer was the subject matter of Full Bench in S.N.GANGADHARAIAH v/s STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY AND AOTHER reported in ILR 2015 KAR 1955 wherein it is held that the Government Order dated 07.06.2013 is having statutory force and could be enforced.” 8. The hardships and difficulties pleaded by both the petitioner as well as respondent No.4 is a matter to be considered by respondent Nos.1 to 3. It is for the parties - 8 - NC: 2025:KHC:5484 WP No. 31489 of 2024 to make representations to respondent-Authorities and seek for appropriate posting. However, it is made clear that the petitioner who has completed his tenure at Sakaleshpura has no right to continue beyond the period provided and he would be liable for transfer in the next general transfer period. 9. For the reasons recorded above, the following order: The impugned O.M. bearing No. PÀ«¥À椤/G¥ÀæªÀå (¹)/©59/48/2024 dated 11.11.2024 is quashed. Respondent No.2 is directed to continue the petitioner till the end of academic year 2024-25 and thereafter the petitioner is liable for transfer. With the above, the writ petition stands disposed of. Sd/- (S.G.PANDIT) JUDGE MPK CT:bms List No.: 1 Sl No.: 19