- 1 - NC: 2025:KHC-D:294 WP No. 105244 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.105244 OF 2024 (S-KSRTC) BETWEEN: SRI SHRIPATI MARIYAPPA DODDALINGANNAVAR, AGED ABOUT 58 YEARS, OCC: PRESENTLY WORKING AS DEPOT MANAGER, RANEBENNUR DEPOT, HAVERI DIVISION, DIST: HAVERI – 581 110. …PETITIONER (BY SRI RAVI HEGDE, ADVOCATE) AND: 1. THE CHIEF PERSONNEL MANAGER, NWKRTC, CENTRAL OFFICE, GOKUL ROAD, HUBBALLI, DIST: DHARWAD – 580 030. 2. THE MANAGING DIRECTOR, NWKRTC, CENTRAL OFFICE, GOKUL ROAD, HUBBALLI, DIST: DHARWAD – 580 030. …RESPONDENTS (BY SRI PRASHANT S. HOSAMANI, ADVOCATE FOR R1 AND R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE COMMON EMPLOYEE ORDER NUMBER-G-4555, DATED 13.06.2024 BEARING NO.VAKARASA/ KEKA / HU/ SIBBANDI/C-5(718)/913/2024, VIDE ANNEXURE-A, ONLY INSOFAR AS PETITIONER IS CONCERNED, AND CONSEQUENTIAL ENDORSEMENT DATED 27.07.2024, NO.VAKARASA/ KEKA/ HU/ SIBBANDI/A5(718)/1217/2024-25, VIDE ANNEXURE-G, BOTH WERE ISSUED BY THE 1ST RESPONDENT AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ® Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka - 2 - NC: 2025:KHC-D:294 WP No. 105244 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioner is before this Court calling in question an order dated 13.06.2024 and consequential endorsement dated 27.07.2024, by which, the petitioner is transferred from Vigilance Department of the NWKRTC to the post of Depot Manager. 2. Heard Sri Ravi Hegde, learned cousnelf or petitioner and Sri Prashant S. Hosamani, learned counsel for respondents. 3. Since the petitioner was already before this Court, it would not become necessary to reiterate the grounds that are now being urged which were already urged and answered before the Coordinate Bench in W.P. No.103386/2024. It would suffice if the observations therein are paraphrased to the case at hand. The Coordinate Bench held as follows: “8. The said request and reasoning cannot be held to be unjustified. Having worked for the entire length of service in - 3 - NC: 2025:KHC-D:294 WP No. 105244 of 2024 the said Department, if at the end period of his service, he is asked to change and work at a different discipline, it would definitely cause certain amount of discomfort. Shortage of Depot Manager is the only ground appears to be canvassed by the respondent- Corporation, which from the records produced along with the rejoinder appears to be not substantive.” 4. The Coordinate Bench holds that the contention of the petitioner that he is not averse to work at any different place, but in the same department as he has spent his lifetime of service in the said department i.e., Vigilance Department, and he is now put into the post of the Depot Manager. The Coordinate Bench also rejected the contention of the respondent-Corporation that the shortage of Depot Manager was the only ground on which the Corporation had posted the petitioner to the post Depot Manager. 5. The Coordinate Bench directed the petitioner to submit a representation to the respondent-Corporation, to consider the grounds of his apprehension. The matter was thus remitted for a fresh consideration of the - 4 - NC: 2025:KHC-D:294 WP No. 105244 of 2024 representation of the petitioner, the consideration has led to the impugned order dated 27.07.2024. The impugned order dated 27.07.2024 reads follows: “²æà J¸ï. JA. zÉÆqÀØ°AUÀtÚ£ÀªÀgÀ, ¨sÀzÀævÁ ªÀÄvÀÄÛ eÁUÀÈvÁ¢üPÁj ¥Àæ¸ÀÄÛvÀ »jAiÀÄ WÀlPÀ ªÀåªÀ¸ÁÜ¥ÀPÀgÀÄ, gÁuÉèɣÀÆßgÀ WÀlPÀ, ºÁªÉÃj «¨sÁUÀ DzÀ ¤ÃªÀÅ G¯ÉèÃR 3 gÀrAiÀÄ ªÀiÁ£Àå GZÀÑ £ÁåAiÀiÁ®AiÀÄzÀ DzÉñÀªÀ£ÀÄß ¥ÀjUÀt¹ gÁuÉèɣÀÆßgÀ WÀlPÀ¢AzÀ ªÀÄÆ® ºÀÄzÉÝAiÀÄ°è PÀvÀðªÀå ¤ªÀð»¸À®Ä ¤AiÉÆÃf¸ÀĪÀAvÉ ªÀÄ£À« ¸À°è¹gÀÄwÛÃj. ¤ÃªÀÅ ¢£ÁAPÀ: 01-04-1996 gÀAzÀÄ ¸ÀA¸ÉÜAiÀÄ ¸ÉêÉAiÀÄ°è £ÉêÀÄPÀUÉÆArzÀÄÝ ºÀħâ½î- zsÁgÀªÁqÀUÀ¼À°èAiÉÄà ¸ÀĪÀiÁgÀÄ 17 ªÀµÀð ¸ÉêÉAiÀÄ£ÀÄß ¸À°è¹gÀÄwÛÃj. ¸ÀA¸ÉÜAiÀÄ C¢üãÀzÀ°è §gÀĪÀ WÀlPÀUÀ¼À PÁAiÀÄð¤ªÀðºÀuÉAiÀÄ ªÉÄðéZÁgÀuÉAiÀÄ «µÀAiÀÄUÀ¼À PÀÄjvÀÄ C¥ÁgÀ C£ÀĨsÀªÀ«gÀĪÀÅzÀjAzÀ ¸ÀA¸ÉÜAiÀÄ / ¸ÁªÀðd¤PÀ »vÀzÀȶ֬ÄAzÀ DqÀ½vÁvÀäPÀ PÁgÀtUÀ¼À ªÉÄÃgÉUÉ ¥Àæ¸ÀÄÛvÀ ¤ªÀÄä ºÀÄzÉÝ ªÀÄvÀÄÛ ªÉÃvÀ£À ±ÉæÃtÂAiÀÄ°èAiÉÄà gÁuÉèɣÀÆßgÀ WÀlPÀzÀ°è SÁ° EgÀĪÀ »jAiÀÄ WÀlPÀ ªÀåªÀ¸Àå¥ÀPÀ ºÀÄzÉÝAiÀÄ°è ¤AiÉÆÃf¸À¯ÁVzÉ. ¤ÃªÀÅ G¯ÉèÃR 4 gÀrAiÀÄ ªÀÄ£À«UÀ¼À°è ¥Àw-¥Àwß ¥ÀæPÀgÀtzÀ°è ºÁªÉÃj «¨sÁUÀzÀ gÁuÉèɣÀÆßgÀ WÀlPÀ¢AzÀ ªÀÄÆ® ºÀÄzÉÝUÉ ¤AiÉÆÃf¸À®Ä PÉÆÃjzÀÄÝ ¤ªÀÄä ¥ÀwßAiÀĪÀgÀÄ ¸À£ï-2013 jAzÀ zsÁgÀªÁqÀ UÁæªÀiÁAvÀgÀ «¨sÁUÀzÀ°è ¸ÀºÁAiÀÄPÀ PÁ£ÀÆ£ÀÄ C¢üPÁj ºÀÄzÉÝAiÀÄ°è PÀvÀðªÀå ¤ªÀð»¸ÀÄwÛzÁÝgÉ. CªÀgÀ£ÀÄß ¥Àw-¥Àwß ¥ÀæPÀtgÀzÀ°è SÁ°¬ÄgÀĪÀ ºÁªÉÃj «¨sÁUÀzÀ ¸ÀºÁAiÀÄPÀ PÁ£ÀÆ£ÀÄ C¢üPÁj ºÀÄzÉÝUÉ ¤AiÉÆÃf¸À®Ä Cfð ¸À°è¹zÀ°è CzÀgÀAvÉ ¥ÀjUÀt¸À®Ä PÀæªÀÄPÉÊUÉƼÀî¯ÁUÀĪÀÅzÀÄ. ªÀÄÄAzÀĪÀgÉzÀAvÉ, ¤ªÀÄä C£ÁgÉÆÃUÀåzÀ PÀÄjvÀÄ G¯ÉèÃR 4 gÀrAiÀÄ ªÀÄ£À«UÀ¼À°è w½¹zÀÄÝ, ªÉÊzÀåQÃAiÀÄ aQvÉìAiÀÄ£ÀÄß ºÁªÉÃj / gÁuÉèɣÀÆßgÀ E°è ¸ÀA¸ÉÜAiÀÄ ºÁUÀÆ PÀ£ÁðlPÀ ¸ÀPÁðgÀ¢AzÀ ªÀiÁ£ÀåvÉ ¥ÀqÉzÀ D¸ÀàvÉæUÀ¼ÀÄ ¸ÀºÀ EzÀÄÝ ¸ÀzÀj D¸ÀàvÉæUÀ½AzÀ ¸ÀÆPÀÛ aQvÉìAiÀÄ£ÀÄß ¥ÀqÉzÀÄPÉƼÀÀÄzÁVzÉ. - 5 - NC: 2025:KHC-D:294 WP No. 105244 of 2024 CzÀÄzÀjAzÀ ¸ÀA¸ÉÜAiÀÄ / ¸ÁªÀðd¤PÀ »vÀzÀȶ֬ÄAzÀ ¥Àæ¸ÀÄÛvÀ ¤ÃªÀÅ PÀvÀðªÀå ¤ªÀð»¸ÀÄwÛgÀĪÀ »jAiÀÄ WÀlPÀ ªÀåªÀ¸ÁÜ¥ÀPÀ ºÀÄzÉÝAiÀÄ°è (¥Àæ¸ÀÄÛvÀ ¤ªÀÄä ºÀÄzÉÝAiÀÄ ªÉÃvÀ£À ªÀÄvÀÄÛ ±ÉæÃtÂAiÀÄ°è) ºÁªÉÃj «¨sÁUÀzÀ gÁuɨɣÀÆßgÀÄ WÀlPÀzÀ°èAiÉÄà ªÀÄÄAzÀĪÀgɸÀ¯ÁVzÉ. ªÀÄÄRå ¹§âA¢ ªÀåªÀ¸Á×¥ÀPÀgÀÄ” 6. The issue now would be whether the transfer of the petitioner is in violation of any operative guidelines or a statue, as the case would be. The Coordinate Bench refers to the Cadre and Recruitment Regulations 1982, insofar as the appointment to the post of Depot Manager what was prevalent reads as follows : “8. CATEGORY:- DEPOT MANAGER (CLASS-I JUNIOR) (For Depot with 75 Schedules and above and as may be notified by the Management from time to time) A Depot Manager can be posted by way of transfer from the cadre of Class-I Junior Officer of Traffic or Mechanical Department. This is said to have undergone a change. The change in the Regulation reads as follows : By transfer from the category of class-I junior Officers of Traffic Or Mechanical Department Must have rendered a service of not less than three (3) years as ATM/AME and must have been in service as DTO/DME. - 6 - NC: 2025:KHC-D:294 WP No. 105244 of 2024 “8. CATEGORY:- DEPOT MANAGER (CLASS-I JUNIOR) * (For Mofussil Depots with 150 and above Schedules and for City service Depots with 200 and above Schedules as may be notified by the Management from time to time) * ¸ÀÄvÉÆÛÃ¯É ¸ÀASÉå 1549 ¢£ÁAPÀ: 14.07.2015 The difference between the two is with regard to the schedule of the depot. A depot with 75 Schedules was the earlier norm and the depot with 150 Schedules is the present norm, which are indicated hereinabove, but the transfer from the category of Class-I Junior Officers of Traffic or Mechanical Department remains the same. Therefore, the officers who can be posted under the Cadre and Recruitment Rules to the post of Deputy Manager would be only from the category of Class-I Junior Officers of Traffic or Mechanical Department. This is the unmistakable tenor of the regulations. By transfer from the category of class-I junior Officers of Traffic Or Mechanical Department Must have rendered a service of not less than three (3) years as ATM/AME and must have been in service as DTO/DME. - 7 - NC: 2025:KHC-D:294 WP No. 105244 of 2024 7. It is trite that those regulations are statutory. The exercise of power of transfer is in terms of Section 17(1) of the Cadre and Recruitment Regulations. Therefore, the acts are statutory. If an action is to be taken in terms of the statue, it shall be taken in the manner that is prescribed under the statute, and in no other manner is by now a too well settled principle of law. 8. The issue to the lis as observed hereinabove is regard to transfer. Transfer to the post of Depot Manager as observed is from these posts that are noted hereinabove. The petitioner has spent his entire service in the Vigilance Department, and is in the last leg of service, as he is said to be left with 24 months of service. Therefore, it is not that the petition deserves to succeed on the score that the petitioner is left with 2 years of service, but on a plain interpretation, of who should be posted to the cadre of Depot Manager, as obtaining in the Cadre and Recruitment Regulations. - 8 - NC: 2025:KHC-D:294 WP No. 105244 of 2024 9. It is no doubt, administrative exigency can be a reason for the Corporation to exercise its right of transfer of an employee, from one place to another, as transfer is an incidence of service, it cannot be that, such transfers would be in violation of the statute, or operative guidelines. Such violation is sans countenance and the subject violation undoubtedly is unsustainable. Therefore, the petition deserves to succeed. 10. For the aforesaid reasons, the following: ORDER (i) Writ Petition is allowed. (ii) The order dated 13.06.2024 vide Annexure-A qua the petitioner and endorsement dated 27.07.2024 vide Annexure-G issued by the respondent No.1 are quashed. (iii) The petitioner is entitled to all consequential benefits that would flow from the quashment of the order. Sd/- (M.NAGAPRASANNA) JUDGE NAA/CT-ASC List No.: 1 Sl No.: 32