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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
H.T. NARENDRA PRASAD
M. Rathnakumari, D/o Late S. Muniyappa – Appellant
Versus
State Of Karnataka – Respondent
| Table of Content |
|---|
| 1. transfer details of the petitioner and respondent. (Para 1 , 2) |
| 2. arguments on the validity of the appointment of respondent no.3. (Para 3 , 4 , 5) |
| 3. court's analysis on the application of c & r rules. (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 4. comparison of past rulings regarding in-charge arrangements. (Para 12 , 13) |
| 5. final order regarding the quashing of previous notifications. (Para 14) |
ORDER :
H.T. NARENDRA PRASAD, J.
1. In this writ petition, the petitioner has called in question the notification dated 27.06.2025 issued by respondent No.1 vide Annexure-G, whereby the respondent No.3 has been transferred from the post of Assistant Director, Grade-II, Social Welfare Department, Thirthahalli, Shimoga District, to the post of Superintendent-II, Nirashithara Parihara Kendra, Shimoga.
2. The petitioner was appointed as Warder by respondent No.2, Central Relief Committee on 19.12.2002 and she was working at Nirashithara Parihara Kendra, Kolar. Subsequently, she was promoted to the post of Head Warder on 02.01.2017 vide Annexure-C and continued her services at Nirashithara Parihara Kendra, Kolar. In the same order at Annexure-C, the petitioner has been given additional charge t
The court affirmed that appointments to the Superintendent-II position must follow direct recruitment or promotion rules, prohibiting deputation from other departments.
Transfer orders must be justified by administrative exigency and cannot reduce a government servant's rank without consent; otherwise, they may be deemed stigmatic and subject to judicial review.
A deputationist has no vested right and can be repatriated for valid reasons, and public interest and administrative exigencies are valid grounds for transfer.
The main legal point established in the judgment is that the transfer of the petitioner was found to be in compliance with the statutory rules governing the service, recommended by the Civil Services....
Service - Transfer of service - Transfer on post is promotional post and as per rules, it has to be filled up 100% by way of promotion - Fresh representation to be made.
A temporary appointee does not have the right to contest administrative transfer decisions under the Transfer Guidelines, as these do not apply in temporary situations.
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