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2026 DAILYLAW 38120 (KAR)

SMT. S. N PRAMEELA v. THE MANAGING DIRECTOR

WP/26006/2024 · 2026-08-31

Ashok S Kinagi

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010555302024 NC: 2026:KHC:47381 WP No. 26006 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 26006 OF 2024 (S-TR) BETWEEN: SMT. S. N PRAMEELA W/O SHUSHANTH CHANDRA, AGED ABOUT 43 YEARS, WORKING AS ASSISTANT, O/O THE CHAMUNDESHWARI ELECTRICITY SUPPLY CORPORATION LTD., (CESCOM) MYSURU - 570017 R/AT RAMAMANDIR ROAD, SHIVAPUR MADDUR TALUK MANDYA DISTRICT. …PETITIONER (BY SRI. RANGANATHA S JOIS., ADVOCATE (VC)) AND: 1. THE MANAGING DIRECTOR CHAMUNDESHWARI ELECTRICITY SUPPLY CORPORATION LTD., (CESCOM) MYSURU - 570017 2. THE GENERAL MANAGER CHAMUNDESHWARI, ELECTRICITY SUPPLY CORPORATION LTD., (CESCOM) MYSURU - 570017 3. THE ASSISTANT EXECUTIVE ENGINEER (E) CHAMUNDESHWARI, Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010555302024 NC: 2026:KHC:47381 WP No. 26006 of 2024 ELECTRICITY SUPPLY CORPORATION LTD., (CESCOM) MADDUR RURAL SUB-DIVISION, MANDYA DISTRICT - 574107 4. THE ASSISTANT EXECUTIVE ENGINEER CHAMUNDESHWARI ELECTRICITY SUPPLY CORPORATION LTD., (CESCOM) KERAGODU SUB-DIVISION, MANDYA - 574107. …RESPONDENTS (BY SRI. A CHANDRACHUD, ADVOCATE FOR R1 TO R4 (VK NOT FILED)) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR THE RECORDS RELATING TO THE IMPUGNED ORDER BEARING NO. CESCOM/A AND MAASAM/ 04/120/Ε.72105/ 2024-25/CYS-1277 DATED 13.09.2024 AT SL. NO 1 PASSED BY THE 2ND RESPONDENT VIDE ANNEXURE-G, IN SO FAR AS THE PETITIONER IS CONCERNED, PERUSE AND QUASH THE SAME AS ARBITRARY, ILLEGAL, DISCRIMINATORY, VIOLATIVE OF ARTICLE 14 AND 16 OF 260 CONSTITUTION OF INDIA AND UNSUSTAINABLE IN LAW; B) ISSUE A WRIT IN THE NATURE OF A MANDAMUS DIRECTING THE RESPONDENTS 1 TO 4 TO CONTINUE THE PETITIONER AS ASSISTANT, IN ASSISTANT EXECUTIVE ENGINEER, CHAMUNDESHWARI ELECTRICITY SUPPLY CORPORATION LTD., (CESCOM), KERAGODU SUB-DIVISION, MANDYA TERMS ORDER DATED 31.7.2024 VIDE ANNEXURE-A; AND C) PASS SUCH OTHER ORDERS AS THIS HON'BLE COURT MAY DEEM FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE, INCLUDING THE AWARD OF THE COSTS OF THIS PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - HC-KAR CNR: KAHC010555302024 NC: 2026:KHC:47381 WP No. 26006 of 2024 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioner filed this writ petition seeking the following reliefs: “a) call for the records relating to the impugned order bearing No. CESCOM/A and MaaSam/ 04/120/Ε.72105/ 2024- 25/CYS-1277 dated 13.09.2024 at Sl. No 1 passed by the 2nd Respondent vide Annexure-G, in so far as the petitioner is concerned, peruse and quash the same as arbitrary, illegal, discriminatory, violative of Article 14 and 16 of 260 Constitution of India and unsustainable in law; b) issue a writ in the nature of a mandamus directing the respondents 1 to 4 to continue the petitioner as Assistant, in Assistant Executive Engineer, Chamundeshwari Electricity Supply Corporation Ltd., (CESCOM), Keragodu Sub-Division, Mandya terms order dated 31.7.2024 vide Annexure-A; - 4 - HC-KAR CNR: KAHC010555302024 NC: 2026:KHC:47381 WP No. 26006 of 2024 and c) pass such other orders as this Hon'ble Court may deem fit in the facts and circumstances of the case, including the award of the costs of this petition, in the interest of justice and equity.” 2. Brief facts leading rise to the filing of this petition are as follows: 2.1. On 31.07.2024, the petitioner was transferred from Maddur to Keragod Sub-division, Mandya, after completion of her tenure. On 06.08.2024, the petitioner was relieved from the Accounts Section on 06.08.2024 and she reported for duty at respondent No.3-Office on 07.08.2024. On 13.09.2024, the petitioner was relieved from respondent No.3-Office and on the same day, the petitioner had reported for duty at respondent No.4-Office according to the transfer order dated 31.07.2024. On the same day i.e., 13.09.2024, the transfer of the petitioner had been cancelled and a corrigendum transfer to Chamarajanagar, which is change of headquarters. The - 5 - HC-KAR CNR: KAHC010555302024 NC: 2026:KHC:47381 WP No. 26006 of 2024 petitioner, aggrieved by the impugned official memorandum dated 13.09.2024, filed this writ petition. 3. Heard the arguments of learned counsel for the petitioner and learned counsel for the respondents. 4. Learned counsel for the petitioner submits that, the petitioner was working as a Group-C employee. The tenure of Group-C employee in a transferred place is minimum four years. He submits that, the impugned official memorandum dated 13.09.2024 issued by the respondents transferring the petitioner to Chamarajanagar is premature and in contrary to the Transfer Guidelines and also to the judgments of this Court in the cases of Mr.Chandru H.N. Vs. State of Karnataka and Others1 and Sri S.N. Gangadharaiah, K.A.S., Vs. The State of Karnataka and Another2. Hence, he submits that, the impugned official memorandum issued by respondent No.2 1 2011 SCC OnLine Kar 25 2 2015 SCC OnLine Kar 8163 - 6 - HC-KAR CNR: KAHC010555302024 NC: 2026:KHC:47381 WP No. 26006 of 2024 is arbitrary and erroneous. Hence, on these grounds, he prays to allow the appeal. 5. Per contra, learned counsel for the respondents supports the impugned official memorandum and prays to dismiss the writ petition. 6. Perused the records and considered the submissions of the learned counsel for the parties. 7. It is an undisputed fact that the petitioner was transferred from Maddur to Keragod, Mandya Division on 31.07.2024. The petitioner was relieved from the Accounts Section on 06.08.2024 and reported to duty at respondent No.3-Office on 07.08.2024. The petitioner was relieved from respondent No.3-Office on 13.09.2024. On the same day, the petitioner reported for duty at respondent No.4-Office according to the transfer order dated 31.07.2024. On the very same day, the respondents-Corporation issued corrigendum transfer to Chamarajanagar which is change of headquarters. - 7 - HC-KAR CNR: KAHC010555302024 NC: 2026:KHC:47381 WP No. 26006 of 2024 8. Admittedly, the petitioner has not completed four years’ tenure in the transferred place as per the Transfer Guidelines. The impugned official memorandum of corrigendum transfer of the petitioner to Chamarajanagar is in violation of Transfer Guidelines and the proposition of law laid down by this Court in the cases of Mr.Chandru H.N. (supra) and Sri. S.N.Gangadharaiah (supra). Considering the Transfer Guidelines and the mandate laid down by this Court in the cases referred supra, the impugned official memorandum is liable to be quashed. 9. In view of the above discussion, I proceed to pass the following: ORDER i. The writ petition is allowed; ii. The impugned official memorandum dated 13.09.2024 issued by the respondents-Corporation vide Annexure-G is hereby quashed; - 8 - HC-KAR CNR: KAHC010555302024 NC: 2026:KHC:47381 WP No. 26006 of 2024 iii. Pending IA(s), if any, shall stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE PA List No.: 1 Sl No.: 35