A deputationist has no vested right and can be repatriated for valid reasons, and public interest and administrative exigencies are valid grounds for transfer.

JUDGMENT/ORDER

M.G.S. Kamal, J. - W.P.No.4884/2023 is filed by the petitioner-Sri.B.G.Govindraju (respondent No.3 before the Tribunal and herein after referred to as the petitioner) and W.P.NO.5324/2023 is filed by the petitioner-Bruhat Bengaluru Mahanagara Palike (respondent No.2 before the Tribunal and hereinafter referred to as BBMP for short) against the order dated 22.02.2023 passed in Application No.766/2023 by the Karnataka State Administrative Tribunal (hereinafter referred to as the 'Tribunal' for short) by which the Tribunal allowing the said application filed by the respondent No.3-Sri. Manjesh B (hereinafter referred to as respondent No.3) quashed the notification bearing No.NaAaE 18 NaYoSe 2023 (E) dated 13.02.2023 issued by the respondent No.1-State Government as per Annexure-A8, so far it relates to posting of petitioner and further directed respondent Nos. 1 and 2 to reinstate the respondent No.3 herein to the present place forthwith, if for any reasons, the respondent No.3 has already been relieved and with further direction that if official respondents failed to reinstate the respondent No.3 in the present place of posting, he would be at liberty to assume charge without expecting movement order.

2. Brief facts leading up to filing of the present petitions are that ;

(a) The respondent No.3 herein (applicant before the Tribunal) filed above Application No.766/2023 contending inter-alia that he is presently working in the cadre of Joint Director, Town and Country Planning ('JDTP' for short) in the Urban Development Department ('UDD' for short), Government of Karnataka. That the parent department of both the respondent No.3 and the petitioner (respondent No.3 before the Tribunal) is UDD. That the posts of Joint Director, Town and Country Planning (JDTP) in BBMP, are en-cadred posts, which are filled up by deputation from the of officials equivalent to cadre from the respondent No.1 department. That the respondent No.3 was sent on deputation to the BBMP in terms of notification dated 30.09.2019 as per Annexure-A1 to the post of JDTP in place of one Sri.H.N.Raghu, who had been repatriated to UDD in the month of August, 2019.

(b) That subsequently, respondent No.3 was issued with office order dated 14.10.2019 posting him as JDTP (North) in the place of one Sri.Rajesh S.V (Executive Engineer, BBMP) who was then holding in charge of said post. The respondent No.3 assumed charge as JDTP (North) on 15.10.2019 and has been working in the said post till date. Thereafter, the State Government vide notification dated 23.07.2021 as per Annexure-A5 modified its earlier notification dated 30.09.2019 extending his tenure for further period of 2 years or until further orders.

(c) When things stood thus, by notification dated 13.02.2023 as per Annexure-R4, respondent No.1 has disturbed respondent No.3 from his present posting as JDTP (North) BBMP and has posted the petitioner to his post as JDTP (North) and respondent No.3 has not been shown any posting in the said notification. Aggrieved by the same, the above application was filed by the respondent No.3 seeking quash of the said notification dated 13.02.2023. The Tribunal by the impugned order allowed the said application, aggrieved by the same, petitioners are before this Court.

3. Sri.M.S.Bhagwat, learned Senior counsel for Sri. Srikanth Patil K for the petitioner WP No. 4884/2023 and Sri.Jayakumar S. Patil, learned Senior counsel appearing for Sri.B.L.Sanjeev, learned counsel for the BBMP -petitioner in W.P.No.5324/2023 reiterating the grounds urged in their respective memorandum of petitions submitted;

(a) that respondent No.3 has been working as JDTP (North) in terms of notification dated 30.09.2019 and the office order dated 14.10.2019 and has completed term of two years since then. That the notification dated 23.07.2021 clearly states that respondent No.3 was continued for a period of two years or until further orders which ever is earlier. That the Tribunal erred in computin